W.P.(MD)No.1297 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2025 CORAM THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.(MD)No.1297 of 2025 N.Kamalahasan : Petitioner Vs. 1.The District Collector, Dindigul District, Dindigul. 2.The Superintendent of Police, Dindigul District, Dindigul. 3.The Deputy Superintendent of Police, Vedasandur, Dindigul District. 4.The Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District. 5.The President, Dindigul Desiya Anaithu Irakku Loadmen Sangam, Registration No.25, Vani Vilas Medu, Near B.M.S., Dindigul -3. 6.The President, Dindigul Vattara Irakku Loadmen Sangam, Registration No.220, Near Sakthi Theatre, Palani Road, Dindigul -3. 1/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1297 of 2025 7.The President, Dindigul Anaithu Sumai Thokkum Thozilalar Sangam, Near Fire Station, Mariamman Temple Road, Dindigul -3. 8.The President, Dindigul-Madurai Road Irakku Loadmen Sangam, Registraton No.90, Mariamman Temple Road, Dindigul -3. : Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 4 to initiate action against the members of the respondents 5 to 8 for threatening and usurping the illegal demand of compulsory engagement of their own members/Loadmen for the purpose of loading and unloading of goods at our Top Anil Marketing Company manufacturing unit premises situated at No.496/2A, Vadamadurai Main Road, Vellapommanpatti, Dindigul District considering the petitioner's representation dated 19.12.2024 and for other reliefs. For Petitioner : Mr.J.Lawrance For R1 : Mr.M.Muthumanikkam Government Advocate (Crl.side) For R2 to R4 : Mr.A.Thiruvadikumar Additional Public Prosecutor 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1297 of 2025 ORDER The petitioner, who is the Managing Partner of Top Anil Marketing Company, had sent a representation to the Inspector of Police, Vadamadurai, seeking for police protection. The complaint is that the petitioner company produced food products such as wheat, vermicelli, corn vermicelli, rava flour, maida flour, atta flour, noodles, ragi flour and other edible item and his market is throughout India. The petitioner had got factory at various places in and around Madurai and Dindigul District. The petitioner for the purpose of his business, he has to purchase raw materials and stored them and thereafter, transport them to various places of India. Earlier, the petitioner was running business in Dindigul Town. Since he became busy, the movement of lorry obstructed in the free movement of public and transport and hence, the petitioner had shifted his manufacturing process to 25 mtrs away near Vadamadurai, after taking rent a defunct Textile Mill. This being so, on 18.12.2024, at about 11.00 am., around 5 persons claiming that they are members of various unions of Dindigul had come into petitioner's factory and objected the petitioner to use its employees for loading work. They also claimed that only loadman of their association members to be engaged and threatened the petitioner 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1297 of 2025 and they have not allowed the petitioner's lorry to go outside the factory. Hence, seeking for police permission the petitioner had sent a representation on 19.12.2024, but no action has been taken. 2. The learned Additional Public Prosecutor submitted that the petitioner' complaint has been received. Now the persons claiming loadman association were called for enquiry, but they have not responded. If the petitioners gives details and address of the persons, who had come and threatened him, appropriate action would be taken. 3. The learned counsel for the petitioner submitted that this Court in W.P.Nos.31739 of 2015 and 16884 of 2011, by order dated 19.01.2022, following the order passed by Kerala High Court in W.P.C.No.24706 of 2016, dated 19.12.2016, had passed an order stating that the loadman office bearers cannot compel the traders for engaging a particular labour for loading or unloading purposes and the police are duty bound to initiate appropriate action, in the event of any complaint lodged by affected persons. 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1297 of 2025 4. This Court on perusal of the order had found that this Court had given a detailed direction. The sum and substance is that labour union cannot compel the traders or manufacturers for engaging a particular labour for loading or unloading purposes, in the event of any complaint in this regard, the police are bound duty to initiate appropriate action by following the procedure as contemplated under law. Thus, the trade union cannot compel the traders to engage their own members exclusive for loading or unloading purposes. It is an option of traders or businessman to engage labour as their choice and it is the option to the labourers to work with particular trader on their choice and no one has got any right to interfere the same. In view of the same, the respondent police is directed to take appropriate action and provide adequate police protection to the work place of the petitioner company to continue with their work without any restriction. 5. With the above direction, this Writ Petition is allowed. No costs. 21.01.2025 NCC : Yes/No Index : Yes / No Rmk 5/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1297 of 2025 To 1.The District Collector, Dindigul District, Dindigul. 2.The Superintendent of Police, Dindigul District, Dindigul. 3.The Deputy Superintendent of Police, Vedasandur, Dindigul District. 4.The Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1297 of 2025 M.NIRMAL KUMAR,J. Rmk W.P.(MD)No.1297 of 2025 21.01.2025 7/7 https://www.mhc.tn.gov.in/judis