Dismissed

S.B. Retail Flower Shop, v. the State Rep. by Inspector

Madras HC17 Jun 2016CRL OP/7682/2016

Case brief

AI extract

What is this about?

This bench disposed of multiple criminal petitions filed by flower shop vendors seeking directions to police not to harass them during a police-led eviction of the shops pending civil litigations. The Court held that the police action to implement its earlier writ order was lawful and dismissed the petitions as being an impediment to justice.

What did the court decide?

None granted; petitions closed with liberty to work out remedies.

S.B. Retail Flower Shop, Vs the State Rep. by… — Civil Procedure and Limitation | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 17.06.2016

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CORAM

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THE HONOURABLE MR.JUSTICE P.N.PRAKASH

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Crl.OP.Nos.7682 to 7692 of 2016 and CrlMP Nos.5148 to 5158 of 2016 and Crl.MP.Nos.5159 to 5201 of 2016 and Crl.OP.Nos.7526 to 7568 of 2016

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1 S.B. RETAIL FLOWER SHOP

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REP. BY ITS PROPRIETOR

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V.KANNIYAPPAN ...Petitioner in Crl.OP.No.7682/16 2 M.C.S. RETAIL FLOWER SHOP REP. BY ITS PROPRIETOR C.SETTU ...Petitioner in Crl.Op.No.7683/16 3 S.D.R.S.RETAIL FLOWER SHOP REP.BY ITS PROPRIETOR, S.DHARMARAJ ...Petitioner in Crl.OP.No.7684/16 4 S.P.R.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR S.SELVAM ...Petitioner in Crl.OP.No.7685/16 5 S.S.K.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR S.SELVAKUMAR ...Petitioner in Crl.OP.No.7686/16 6 D.P.M.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR P.THANASEKAR ...Petitioner in Crl.OP.No.7687/16

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7 T.S.P. RETAIL FLOWER SHOP REP. BY ITS PROPRIETOR

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A. VARADARAJ ...Petitioner in Crl.OP.No.7688/16

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8 K.K.L. RETAIL FLOWER SHOP

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REP. BY ITS PROPRIETOR

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K.KATHIRVEL ...Petitioner in Crl.OP.No.7689/16

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9 T.M.A. RETAIL FLOWER SHOP

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REP. BY ITS PROPRIETOR T.MURUGAN ...Petitioner in Crl.OP.No.7690/16

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10 P.D. RETAIL FLOWER SHOP

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REP. BY ITS PROPRIETOR D.DESILVA DANIEL RAJ ...Petitioner in Crl.Op.No.7691/16

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https://hcservices.ecourts.gov.in/hcservices/

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11 T.N. RETAIL FLOWER SHOP REP. BY ITS PROPRIETOR T.N. NAGARAJAN ...Petitioner in Crl.OP.No.7692/16 12 V.P.R.SESUMARI RETAIL FLOWER SHOP REP BY ITS PROPRIETOR P.DHANARAJ ...Petitioner in Crl.OP.No.7526/16 13 R.K.P. RETAIL FLOWER SHOP REP BY ITS PROPRIETOR K.PALPANDY ...Petitioner in Crl.Op.No.7527/16 14 S.K.L.S.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR S.SASIKUMAR ...PETITIONER IN CRL.OP.No.7528/16 15 K.L.N.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR K.LINGAPPAN ...PETITIONER IN CRL.OP.No.7529/16 16 M.N.M.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR A.PALNISAMY ...PETITIONER IN CRL.OP.No.7530/16 17 MADHA RETAIL FLOWER SHOP REP BY ITS PROPRIETOR S.WILLIAN ELIYAS ...PETITIONER IN CRL.OP.No.7531/16 18 GOPAL RETAIL FLOWER SHOP REP BY ITS PROPRIETOR R.GOPAL ...PETITIONER IN CRL.OP.No.7532/16 19 DEVI SANKAR RETAIL FLOWER SHOP REP BY ITS PROPRIETOR P.SANKAR ...PETITIONER IN CRL.OP.No.7533/16 20 R.V.N.RETAIL FLOWER SHOP REP BY ITS PROPEIRTOR R.RAJAN ...PETITIONER IN CRL.OP.No.7534/16 21 SOWDAMBIGAI RETAIL FLOWER SHOP REP BY ITS PROPRIETOR S.RAJAMANI ...PETITIONER IN CRL.OP.No.7535/16 22 S.S.T.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR S.LOGANATHAN ...PETITIONER IN CRL.OP.No.7536/16 23 K.P.L.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR P.PERUMAL ...PETITIONER IN CRL.OP.No.7537/16

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https://hcservices.ecourts.gov.in/hcservices/

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24 SHANMUGAVEL RETAIL FLOWER SHOP REP BY ITS PROPRIETOR S.V.SHANMUGAVEL ...PETITIONER IN CRL.OP.No.7538/16 25 J.A.K.SONS RETAIL FLOWER SHOP REP BY ITS PROPRIETOR A.NITHYANANDAN ...PETITIONER IN CRL.OP.No.7539/16 26 G.R.B.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR K.RAVI ...PETITIONER IN CRL.OP.No.7540/16 27 SATHISH RETAIL FLOWER SHOP REP BY ITS PROPRIETOR S.SATHISH ...PETITIONER IN CRL.OP.No.7541/16 28 SELVAPUSHPA VINAYAGA RETAIL FLOWER SHOP REP BY ITS PROPRIETOR S.GOPALAKRISHNAN ...PETITIONER IN CRL.OP.No.7542/16 29 V.M.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR V.MURUGAN ...PETITIONER IN CRL.OP.No.7543/16 30 M.K.N.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR M.K.NAGARAJ ...PETITIONER IN CRL.OP.No.7544/16 31 DINESH RETAIL FLOWER SHOP REP BY ITS PROPRIETOR K.DINESH ...PETITIONER IN CRL.OP.No.7545/16 32 MAHALAKSHMI RETAIL FLOWER SHOP REP BY ITS PROPRIETOR O.VEERAH ...PETITIONER IN CRL.OP.No.7546/16 33 K.G.C.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR K.G.CHANDRASEKAR ...PETITIONER IN CRL.OP.No.7547/16 34 S.M.L.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR S.M.LOGANATHAN ...PETITIONER IN CRL.OP.No.7548/16 35 V.J.R.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR J.THOMAS PETER ...PETITIONER IN CRL.OP.No.7549/16 36 SHAN RETAIL FLOWER SHOP REP BY ITS PROPRIETOR P.ANAIKUTTY ...PETITIONER IN CRL.OP.No.7550/16

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https://hcservices.ecourts.gov.in/hcservices/

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37 S.L.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR G.BAKJI ...PETITIONER IN CRL.OP.No.7551/16 38 K.T.B.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR K.T.RAJA ...PETITIONER IN CRL.OP.No.7552/16 39 C.K.B.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR C.BALAJI ...PETITIONER IN CRL.OP.No.7553/16 40 R.V.G.M.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR V.VELMURUGAN ...PETITIONER IN CRL.OP.No.7554/16 41 S.K.M.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR P.MUTHUKUMAR ...PETITIONER IN CRL.OP.No.7555/16 42 M/S.RAJU COMPANY REP BY ITS PROPRIETOR M.NAGAMANI ...PETITIONER IN CRL.OP.No.7556/16 43 S.J.RETAIL FLOWER SHOP REP BYITS PROPRIETOR M.SIVAKUMAR ...PETITIONER IN CRL.OP.No.7557/16 44 MANIVANNAN RETAIL FLOWER SHOP REP BY ITS PROPRIETOR A.MANIVANNAN ...PETITIONER IN CRL.OP.No.7558/16 45 TAS.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR T.ALAGARSAMY ...PETITIONER IN CRL.OP.No.7559/16 46 MARAN RETAIL FLOWER SHOP REP BY ITS PROPRIETOR R.MARAN ...PETITIONER IN CRL.OP.No.7560/16 47 BFM.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR R.RAJENDRAN ...PETITIONER IN CRL.OP.No.7561/16 48 ALAGU RETAIL FLOWER SHOP REP BY ITS PROPRIETOR ALAGU ...PETITIONER IN CRL.OP.No.7562/16 49 DMK RETAIL FLOWER SHOP REP BY ITS PROPRIETOR A.MANI ...PETITIONER IN CRL.OP.No.7563/16

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https://hcservices.ecourts.gov.in/hcservices/

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50 KMS RETAIL FLOWER SHOP REP BY ITS PROPRIETOR K.MURALIMOHAN ...PETITIONER IN CRL.OP.No.7564/16 51 K.A.G.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR KA.GOPI ...PETITIONER IN CRL.OP.No.7565/16 52 G.S.S.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR S.VENKATESAN ...PETITIONER IN CRL.OP.No.7566/16 53 N.R.A.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR N.R.ARUMUGAM ...PETITIONER IN CRL.OP.No.7567/16

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54 KMR.RETAIL FLOWER SHOP REP BY ITS PROPRIETOR K.MUTHUVANAN ...PETITIONER IN CRL.OP.No.7568/16

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The State rep by., Inspector of Police (Law & Order), C-1, Flower Bazaar Police Station, Flower Bazaar, Chennai-600 001. ... Respondent

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Prayer:- Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure to direct the respondent not to harass the petitioners.

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For Petitioners :Mr.K.Shivakumar

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For Respondent :Mr.C.Emalias Additional Public Prosecutor Ms.Karthika Ashok for Corporation

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ORDER

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These petitions have been filed to direct the respondent not to harass the petitioners.

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2.It is the case of the petitioners that these petitioners are retail flower shop vendors, occupying the market in Badrian Street and they are being harassed by the police and asked to vacate the shops. Therefore, they have approached this Court for a direction to the Authorities not to harass them.

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3.Admittedly, there are civil litigations pending before the civil forum, in respect of status of the petitioners. While so, an order was passed by this Court in W.P.No.1085 of 2015 dated 15.05.2016, pursuant to which, Contempt Petition No.2406 of 2016 https://hcservices.ecourts.gov.in/hcservices/ has been filed against CMDA for their failure to evict the flower

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traders from Badrian Street. On account of the Contempt proceedings, the Civil Authorities have approached the police for protection and it is the duty of the police to give police protection for implementation of orders.

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4.Under such circumstances, the act of the respondent police accompanying the CMDA officials for eviction of the retail flower vendors cannot be said to be illegal.

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5.In the case of this nature, this Court cannot give a direction to the respondent police not to harass the petitioners, as that will be impeding the orders passed by this Court in the earlier Writ Petition.

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Hence, these Criminal Original Petitions are closed with
liberty to the petitioners to work out their remedies in the manner
known to law. Consequently, connected Miscellaneous Petitions are
closed.
Sd/-
Asst.Registrar (CS IV )
/true copy/
Sub Asst. Registrar
To
1.The Inspector of Police (Law & Order),
C-1, Flower Bazaar Police Station,
Flower Bazaar,
Chennai-600 001.
2.The Public Prosecutor,
High Court, Chennai.
+54 cc's to K.Shivakumar,advocate,sr.34027, 34029
+1 cc to M/s.Karthik Ashok,advocate,sr.33382.
vs(co)
krd 1/8

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Crl.OP.Nos.7682to7692/2016 &CrlMP Nos.5148to5158/2016 &Crl.MP.Nos.5159to5201/2016 &Crl.OP.Nos.7526to7568/2016

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https://hcservices.ecourts.gov.in/hcservices/

S.B. Retail Flower Shop, v. the State Rep. by Inspector

Case brief

What is this about?

What did the court decide?

S.B. Retail Flower Shop, v. the State Rep. by Inspector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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