1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.8.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR W.P.(MD)No. 5525 of 2011 and M.P.(MD) No. 1 of 2011 Sri Ganesh Windpower Engineers Pvt. Ltd., rep. by its Managing Director,N.Alagappan, 7/181, Main Road, Near Muppandal Devi Temple, Aralvoimozhi - 629 301. Kanyakumari District. ... Petitioner Vs. 1.The Superintendent of Police, Kanyakumari District,Nagercoil. 2. Inspector of Police, Manavalakurichi Police Station, Manavalakurichi,Kanyakumari District. 3. Manavalakurichi IRE Contract Employees Union, rep. by its President,A.Vijayakumar, Vijaya Bahavan, Parappattu, Manavalakurichi Post,Kanyakumari District. 4.Indian Rare Earths Limited (A Government of India Undertaking) rep. by its Head Manavalakurichi, Kanyakumari District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first and the second respondents to provide necessary police protection at the cost of the petitioner in order to enable the petitioner to peacefully transport minerals from sea shore to Indian Rare Earths Limited and pass such other and further suitable orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr. I.Irulappan For R1 and R2 : Mr. M.Govindan Special Government Pleader For R3 : Mr.C.T. Perumal For R4 : Mr.C.Muthu Saravanan for M/s.S.Ramasubramanian and Associates ORDER This Writ Petition has been filed for the issuance of a Writ of Mandamus directing the first and the second respondents to provide necessary https://hcservices.ecourts.gov.in/hcservices/ 2 police protection at the cost of the petitioner in order to enable the petitioner to peacefully transport minerals from sea shore to Indian Rare Earths Limited. 2. Heard Mr.I.Irulappan, learned counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, appearing for the respondents 1 and 2 and Mr.C.T. Perumal, learned counsel appearing for the third respondent and Mr.C.Muthu Saravanan, learned counsel appearing for the fourth respondent. 3.By consent of both the parties, this Writ Petition is taken up for final disposal. 4. The petitioner claims to be the contractor under the respondent No.4 which is subsisting still 7.12.2012. The petitioner's contract is to transport the minerals to the place mentioned by the respondent No.4. While doing so, the petitioner engages labourers from villages in and around Manavalakurichi and and other labourers at his own discretion due to untoward incidents which happened in the part. 5. According to the petitioner, two persons namely, Iyyappan and Darwin are causing disturbance to the transportation of rare minerals on the ground that the petitioner is engaging outside workers and the similar grievance is expressed by the respondent No.3 union as well. 6. The Writ Petition has been filed for issuance of a Writ of Mandamus to direct the respondent Nos.1 and 2 to provide necessary police protection at the cost of the petitioner so as to peacefully transport the minerals from the sea shore premises of the fourth respondent. 7.The counter affidavit has been filed by the second respondent for and on behalf of the first respondent as well, wherein in paragraph No. 5, it has been stated that on 30.4.2011, based on a criminal complaint received from one Vivek, a case was registered against two persons namely, Iyyappan alias Bombaykannan and Lawrence alias Darwin under Sections 294(b) and 506 (i) IPC in Crime No. 63 of 2011 for the occurrence taken place on 30.4.2011 It is further stated that two accused surrendered before the Court on 6.5.2011. According to the Inspector of Police, there is no necessity to depute any police personnel as there is no complaint pending in the Police Station as on 21.6.2011. 8. The learned counsel for the third respondent states that there is an order of the District Collector directing the fourth respondent to engage the local people. Since the local people have not been engaged, the said incident happened. He however, states that at present, there is no problem in the transportation and the third respondent Union is co-operating with the petitioner. The said statement is recorded. 9. In such view of the matter, the writ petitioner, if still aggrieved by any disturbance on the part of one or other person can approach the Inspector of Police or the Superintendent of Police with a specific case and suitable action will be taken in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 3 10. The direction as sought for in this petition to give police protection does not arise at this point of time as the counter affidavit of the second respondent clearly states that there is no complaint pending as on date. On a mere apprehension, police protection cannot be considered. 11. The Superintendent of Police and the Inspector of Police may consider the petitioner's request if there is any complaint as above in future in spite of the assurance given by the learned counsel for the third respondent. It is desirable that the petitioner also consider the District Collector's request to engage the local people. 12.With the above observation, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is also closed. Sd/- Assitant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District,Nagercoil. 2. Inspector of Police, Manavalakurichi Police Station, Manavalakurichi,Kanyakumari District. 3. The President, Mr.A.Vijayakumar, Manavalakurichi IRE Contract Employees Union, Vijaya Bahavan, Parappattu, Manavalakurichi Post,Kanyakumari District. 4.The Head Manavalakurichi, Indian Rare Earths Limited (A Government of India Undertaking) Kanyakumari District. ses akm/8.9.11 /3p-5c/ W.P.(MD)No. 5525 of 2011 & M.P.(MD) No. 1 of 2011 https://hcservices.ecourts.gov.in/hcservices/