Madras HC Says Permitted Protests Against Kals Breweries Must Stay 500 Metres From Its Units

In brief

The question

1. Whether the petitioner was entitled to police protection for its premises and the lawful functioning of its business.

The court held

The petition was disposed of with directions that the petitioner apply to the first respondent for police protection for its premises at Kunnathur and Kallakottai and pay the applicable charges; upon receipt of the application and payment, the first respondent must provide adequate protection.

It also directed

Any protest permitted against either unit must be kept 500 metres from the respective premises.

No costs were ordered.

01Facts

Kals Breweries Private Limited sought police protection for its brewery premises at Kunnathur and Kallakottai, Pudukottai District, relying on a representation dated 14 October 2026.

pp. 1–4 · ¶ 1–6

It submitted that a protest concerning environmental allegations had been proposed outside its factory for 26 October 2026, creating concerns about employee safety and obstruction of factory operations, vehicles, and ingress and egress.

pp. 1–4 · ¶ 1–6

The State submitted that the protest had concluded on 26 October 2026 and that no application for permission to hold another protest was pending.

p. 4 · ¶ 7

02Issues

i.1. Whether the petitioner was entitled to police protection for its premises and the lawful functioning of its business.

pp. 2–4 · ¶ 3–6 · p. 6 · ¶ 11

ii.2. Whether any protest against the petitioner’s units could be permitted, and, if so, what conditions should govern its location.

pp. 5–6 · ¶ 8–10

03Law Applied

The petition was brought under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

p. 1

The Court recognised that villagers may express objections through democratic protest, but such protest cannot justify unlawful interference with a business, damage to property, or obstruction of employees and the movement of men and materials.

pp. 4–6 · ¶ 8–9

Relying on its order dated 16 June 2022 in W.P. No. 4962 of 2022, the Court stated that police must protect property and lawful factory operations from unlawful obstruction while permitting peaceful protest at an appropriate location.

p. 5 · ¶ 9

Police protection was to be sought by application and provided on payment of applicable charges; any permitted protest was to be kept 500 metres from the petitioner’s premises.

p. 6 · ¶ 11

Provisions in the judgment · 1 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

04Reasoning

The Court noted that the specific protest had already concluded and no further permission application was pending, but considered the petitioner’s concern about possible future protests affecting its premises and operations.

p. 4 · ¶ 7 · pp. 5–6 · ¶ 8–10

Balancing the right to protest against the company’s ability to conduct lawful business, it did not prohibit protests; instead, it directed that any protest be kept 500 metres from the petitioner’s units and provided for police protection upon an application and payment of the prescribed charges.

p. 6 · ¶ 11