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1952 DAILYLAW 382 (MAD)

M/s. Ratina Retails Pvt.Ltd., v. The Superintendent of Police

WP Crl./1952/2026 · 2026-08-07

G K Ilanthiraiyan

Transfer Petitionbody1952

Judgment text

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WP Crl. No. 1952 of 2026 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN WP Crl. No. 1952 of 2026 and W.M.P.Crl.Nos.707 & 708 of 2026 M/s. Ratina Retails Pvt.Ltd., Registered office No.2E, Building No.6754/10, Devadatham, Aashiyana, Thirussur, Kerala 680 001. Represented by its Managing Director Loveson (M-42/26), S/o. Varghese ..Petitioner(s) Vs 1. The Superintendent of Police O/o. The Superintendent of Police, Tiruchengode Road, Namakkal, Namakkal District 637 003. 2. The Deputy Superintendent of Police O/o. The Deputy Superintendent of Police, Paramathy Main Road, EB Colony, Paramathy Velur, Namakkal District 637 001. 3. The Inspector of Police Paramathy Circle Police Station, Paramathy, Paramathy Velur Taluk, Namakkal District 637 213. 4. The Sub-Inspector Of Police Jedarpalayam Police Station, Velur Road, Jedarpalayam, Paramathy Velur Taluk, Namakkal District 637 213. https://www.mhc.tn.gov.in/judis WP Crl. No. 1952 of 2026 __________ Page2 of 8 5. M/s. City Union Bank Ltd., Represented through its Authorised Officer Mr. Rajeshkannan, Registered Office at No. 149, T.S.R. (Big) Street, Kumbakonam, Thanjavur District 612 001. 6. Mr. Toney Raj S/o. Not Known to the Petitioner, F2, Narayanaswamy Apartment, No.30, Mahatma Gandhi Road, Shastri Nagar, Adayar, Chennai-600 041. 7. Mrs. P.A. Gayathri Devi W/o. Not Known to the Petitioner, F2, Narayanaswamy Apartment, No.30, Mahatma Gandhi Road, Shastri Nagar, Adayar, Chennai-600 041. 8. Mr. Mariyappan S/o. Muthu, Tamil Nadu Housing Board, Pasupathipalayam, Thanthoni, Karur. 9. Mr. Rajkumar S/o. Chandrasekar, Soliya Vellalar Street, Paramathy Velur, Namakkal District. 10.Mr. Kabil S/o. Kandasamy, 11/29,Kunnipalayam, Sarkkar Manappalli, Palapatti, Paramathy Velur, Namakkal District. https://www.mhc.tn.gov.in/judis WP Crl. No. 1952 of 2026 __________ Page3 of 8 11.Mr. Manikandan S/o. Pandian, 54A, Thirupathi Layout, 3rd Street, Chinna Andan Kovil Street, Karur. 12.Mr. Palanisamy S/o. Thangavel, 4/79, North Street, Komarapalayam, Palapatti, Paramaty Velur, Namakkal District. 13.Mr. Anilkumar S/o. Balasubramaniyam, Chengapally, Paramathy Velur, Kumarapalayam, Namakkal District. 14.Mr. Pravinkumar S/o. Madhu, 34, Hariharkattidam, KVB Nagar, Periyar Nagar 3rd Street, Karur. 15.Mr. Gunaseelan S/o. Vajravel, 4/106-5, Melapettapalayam Road, Ganesapuram, Aruvankattur, Sarkarmanappalli, Namakkal District. ..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus directing to call for the records relating to the impugned notice in C.No.45/CIE2PS/2026 dated 16- 6-2026 issued by the Respondent No.3 and quash the same as illegal, https://www.mhc.tn.gov.in/judis WP Crl. No. 1952 of 2026 __________ Page4 of 8 consequently directing the Respondent Nos. 3 and 4 to provide adequate police protection for the life and limbs of the petitioner company directors, its employees and workers engaged to dismantle and transport the machineries and movables out of the factory premises of M/s. Saraswathy Udyog India Limited, situated at S.F. No.219, 220, 221 and 222, Kabilakuruchi Village, Thidumal Road, Paramathi Velur Taluk, Kabilar Malai, Namakkal District. For Petitioner(s): Mr.D.Peer Mohamed For Respondent(s): Mr.R.Ganesh Kumar Counsel for Government for R1 to R4 ORDER This petition has been filed as against the the impugned notice in C.No.45/CIE2PS/2026 dated 16-6-2026 issued by the Respondent No.3 and quash the same as illegal, consequently directing the Respondent Nos. 3 and 4 to provide adequate police protection for the life and limbs of the petitioner company directors, its employees and workers engaged to dismantle and transport the machineries and movables out of the factory premises of M/s. Saraswathy Udyog India Limited, situated at S.F. No.219, 220, 221 and 222, Kabilakuruchi Village, Thidumal Road, Paramathi Velur Taluk, Kabilar Malai, Namakkal District. 2. A perusal of the record reveals that this Court, vide an order dated 01.06.2026 passed in W.P. (Crl.) No. 1198 of 2026, directed the third respondent to conduct an enquiry into the representation preferred by the https://www.mhc.tn.gov.in/judis WP Crl. No. 1952 of 2026 __________ Page5 of 8 petitioner seeking police protection. The third respondent was directed to issue notice to the counter-parties and pass appropriate orders within a period of two weeks thereafter. Pursuant to the said direction, the third respondent issued a notice in C. No. 45/CIE2PS/2026 dated 16.06.2026, whereby the petitioner was directed not to effect any movement or dispatch of machinery, spare parts, or related materials from the subject premises, with a caveat that any violation would be brought to the attention of this Court for appropriate action. The petitioner was further directed to submit a response within seven (7) days. 3. The learned counsel for the petitioner submits that under the guise of issuing a notice, the third respondent has erroneously passed a restraining order against the petitioner, which exceeds the scope of the directions issued by this Court. 4. In view of the above facts and circumstances, the third respondent is directed to conduct the enquiry in strict compliance with the earlier directions of this Court, and pass appropriate orders only to provide adequate police protection to the petitioner for the purpose of dismantling and transporting the machineries and other movables out of the factory premises of M/s. Saraswathy Udyog India Limited, situated at S.F. Nos. 219, 220, 221, and 222, Kabilakuruchi Village, Thidumal Road, Paramathi Velur Taluk, Kabilar Malai, Namakkal District. The third respondent shall complete this exercise and pass https://www.mhc.tn.gov.in/judis WP Crl. No. 1952 of 2026 __________ Page6 of 8 necessary orders within a period of two weeks from the date of receipt of a copy of this order. 5. With the above directions, this Writ Petition (Crl) is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 07-08-2026 SMA To 1. The Superintendent of Police O/o. The Superintendent of Police, Tiruchengode Road, Namakkal, Namakkal District 637 003. 2. The Deputy Superintendent of Police O/o. The Deputy Superintendent of Police, Paramathy Main Road, EB Colony, Paramathy Velur, Namakkal District 637 001. 3. The Inspector of Police Paramathy Circle Police Station, Paramathy, Paramathy Velur Taluk, Namakkal District 637 213. 4. The Sub-Inspector Of Police Jedarpalayam Police Station, Velur Road, Jedarpalayam, Paramathy Velur Taluk, Namakkal District 637 213. 5. The Public Prosecutor, https://www.mhc.tn.gov.in/judis WP Crl. No. 1952 of 2026 __________ Page7 of 8 Madras High Court. https://www.mhc.tn.gov.in/judis WP Crl. No. 1952 of 2026 __________ Page8 of 8 G.K.ILANTHIRAIYAN, J. SMA WP Crl. No. 1952 of 2026 07-08-2026 https://www.mhc.tn.gov.in/judis