W.P.Crl.No.740 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.09.2025 CORAM: THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.Crl.No.740 of 2025 Manish Kumar Sharma ... Petitioner Versus 1.The Commissioner of Police Office of the Salem Commissioner of Police Salem City 2.The Deputy Commissioner of Police Office of the Salem Commissioner of Police Salem City 3.The Assistant Commissioner of Police Office of the Assistant Commissioner of Police Salem City 4.The Inspector of Police Suramangalam Police Station Salem .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to Provide/Adequate Police Protection to the Company namely Talema Electronic India Private Limited having its registered office at Plot Nos.30 31, Electrical and Electronic Industrial Estate, Suramangalam, Salem - 636 005 for completing the Liquidation Process of the Company by considering representation dated 02-08-2025. For Petitioner : Mr.N.Vijay Basker for M/s.Law Vision https://www.mhc.tn.gov.in/judis W.P.Crl.No.740 of 2025 For Respondents : Mr.R.Vinothraja Government Advocate (Crl.Side) ORDER The writ petition has been filed directing the respondents to Provide/Adequate Police Protection to the Company namely Talema Electronic India Private Limited having its registered office at Plot Nos.30 31, Electrical and Electronic Industrial Estate, Suramangalam, Salem - 636 005 for completing the Liquidation Process of the Company by considering representation dated 02-08-2025. 2. It is the case of the petitioner/Official Liquidator that the company namely Talema Electronic India Pvt Ltd has taken a decision to go for voluntary liquidation under Section 59 of the Insolvency and Bankruptcy Code, 2016 and the petitioner is appointed as official liquidator on 30.06.2025. The petitioner as a Liquidator had informed all the stakeholders (including workers and employees) for submission of their claims in the prescribed form on or before 30.07.2025, most of the workers have also submitted their respective claims and all the workers and employees of the Company have been discharged with effect from the date of commencement of Voluntary Liquidation process of the company, i.e., with effect from https://www.mhc.tn.gov.in/judis W.P.Crl.No.740 of 2025 30.06.2025 and also informed about the stoppage of functioning of company to all the workers unions through registered post as well as to the Government authorities concerned. 3. The petitioner had also informed to all the workers and employees that they shall be paid statutory dues payable to them as on 30.06.2025 as per the provisions of the IBC, 2016. However, when the Official Liquidator visited the company, the trade unions are not permitting the Official Liquidator to enter the premises, hence, seeks permission for according police protection. 4. Heard both sides and perused the materials placed on record. 5. This Court is of the view that as long as the procedure has been taken validly and legally, the trade unions have no right to stall the affairs of the company. If at all, there is any workmen dues, it is for them to recover the same as per law, they cannot take law in their own hands. It is a cardinal principle that a trade union must not stall the Official Liquidator because the liquidator's role is to wind up a company's affairs by selling its assets to pay https://www.mhc.tn.gov.in/judis W.P.Crl.No.740 of 2025 debts, which is a process that should not be hindered by any party, including trade unions. While trade unions represent the interests of workers and can file claims as operational creditors within the meaning under Insolveny and Bankruptcy Code, their actions should facilitate, not impede, the liquidator's mandated duty to the court and creditors during the liquidation process. 6. Such view of the matter, for the smooth running of the winding up of the company, let the police grant necessary police protection to the petitioner. 7. Accordingly, this writ petition stands disposed of. No costs. 03.09.2025 dhk Index :Yes/No Internet:Yes/No To 1.The Commissioner of Police Office of the Salem Commissioner of Police Salem City https://www.mhc.tn.gov.in/judis W.P.Crl.No.740 of 2025 2.The Deputy Commissioner of Police Office of the Salem Commissioner of Police Salem City 3.The Assistant Commissioner of Police Office of the Assistant Commissioner of Police Salem City 4.The Inspector of Police Suramangalam Police Station Salem N. SATHISH KUMAR, J. dhk https://www.mhc.tn.gov.in/judis W.P.Crl.No.740 of 2025 W.P.Crl.No.740 of 2025 03.09.2025 https://www.mhc.tn.gov.in/judis