Madras High Court
R.Kamalakumar vs The Inspector Of Police on 30 June, 2016
Author: P.N.Prakash
Bench: P.N.Prakash
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.06.2016 CORAM THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.SR.No.53335 of 2016 R.Kamalakumar ..Petitioner Vs 1.The Inspector of Police K-2, Police Station Ayanavaram, Chennai 23. 2.Tower Vision India Private Limited rep by V.Krishna Kishore Plot No.356, Udyog Vihar, Phase 4 Gurgoan, Delhi. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the first respondent to consider the objections of the entire residents of New Street, Ayanavaram, Chennai 23 dated 02.07.2015 not to provide police protection to the 2nd respondent to install the tower and 13.02.2016 pursuant to the direction. For Petitioner : Mr.G.Appavu For R1 : Mr.C.Emalias, Addl.Public Prosecutor O R D E R
Heard Mr.G.Appavu, learned counsel for the petitioner and Mr.C.Emalias, learned Additional Public Prosecutor appearing for the State.
2. It is seen that the opposite parties are erecting cellphone transmission towers, for which police protection has been granted by this Court in P.N.PRAKASH, J.
gms Crl.O.P.No.17824/2015 on 05.01.2016. Aggrieved by that order, the petitioner has filed the present writ petition for a negative injunction, namely to direct the police not to give police protection to the second respondent. Since the Office entertained doubt about maintainability, the matter was posted under the caption "For maintainability."
3. Learned counsel for the petitioner submitted that the local people are objecting to the activities of the second respondent and therefore, the police should consider their representation and pass orders.
4. In the considered opinion of this Court, no negative injunction can be granted in writ proceedings under Article 226 of the Constitution of India against the fundamental right guaranteed under Article 19(1)(g) of the Constitution of India for carrying out a legal business. Hence, this petition is not maintainable. Accordingly, the writ petition is dismissed at the SR stage itself. 30.06.2016 gms To
1.The Inspector of Police K-2, Police Station Ayanavaram, Chennai 23.
2.The Public Prosecutor, High Court, Madras.
W.P.SR.No.53335 of 2016