IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.NO.22204 OF 2021

&

CRL.MP.NOS.12052 AND 12054 OF 2021

M.N.Bopana

... Petitioner

.Vs.

1. The State Rep. by

The Inspector of Police,

Kolacombai Police Station,

The Nilgiris.

Crime No.8 of 2021.

... Respondent/Complainant

2. Subathira,

The Village Administrative Officer,

Melur-I, Kullakamby Post,

The Nilgiris – 643 218.

... Respondent/Defacto

Complainant

PRAYER:-

Criminal Original Petition has been filed under Section 482

of Criminal Procedure Code to call for the records relating to

STC.No.625 of 2021 on the file of the Judicial Magistrate,

Coonoor, The Nilgiris and quash the same.

For Petitioner :

Mr.B.Kumar

Senior Counsel

For Mr.S.Ramachandran

For Respondents :

Mr.E.Raj Thilak

Additional Public Prosecutor

[For R1]

ORDER

The petitioner/accused in STC.No.625 of 2021 for the

offence under Section 353 of IPC, filed this quash petition.

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

2. The gist of the complaint is that the defacto

complainant, who is the Village Administrative Officer of Melur-

I Village, within whose jurisdiction the Craigmore Plantation

(I) Pvt. Ltd. is situated. Applications received from the

employees of the Tea Estate, seeking income certificate,

community certificate, nativity certificate, legal heir

certificate, etc. To make enquiry on these applications, the

Village Administrative Officer has to necessarily visit the

applicants' residences which is situated within the Estate, but

the Village Administrative Officer not allowed to enter and

hence, there was delay in issuing the certificates. Further the

Tahsildar and the Revenue Inspector conducted inspection on

11.12.2020 to 15.12.2020 to find out where there is any

violation in following the Standard Operation Procedure mandated

to curtail Covid-19, on inspection finding there was violation

in sanitizing the factory, its machineries handle, telephone,

computer, tap, etc. the factory was sealed. On sealing of the

factory, it was necessary to monitor the Factory, VAO attempted

to enter into the factory and she was not given permission. The

petitioner who is the Executive Director of the Estate used

abusive words, instructed not to allow the VAO inside the

factory and hence, complaint was lodged.

3. The contention of the learned senior counsel for the

petitioner is that the date of occurrence is shown as from

12.08.2020 to 23.12.2020, the case was registered five months

thereafter only on 13.01.2021 and the reason for the delay in

lodging a complaint not explained. The Craigmore Plantation Tea

Estate was inspected by the higher officials of District

Administration and allegations made that the Management of the

Tea Estate was not adhering to the Covid-19 Protocols, hence the

factory premises was sealed by the authority, and production

activities were stopped. Further, as per the Disaster Management

Act, the VAO is not empowered to conduct subsequent inspection

after the factory is sealed. On sealing the factory, Craigmore

Plantations (I) Pvt. Ltd. filed a writ petition in W.P.No.1326

of 2021 and this Court on 31.03.2021 passed an order appointing

an Advocate Commissioner to inspect and file a report, verify

whether all protocols mandated by the government for containment

of spread of Covid-19 followed. This being so, the revenue

authorities issued another notice under the provisions of Tamil

Nadu Encroachment Act, 1905 alleging that the Craigmore

Plantation (I) Pvt. Ltd., is obstructing free flow of water in

the canal passing through the Estate and threatened to remove

the bridge connecting the Estate and the road. Again the Estate

had to approach this Court, file a writ petition in W.P.No.4183

of 2021, the Division Bench of this Court was pleased