M/S. Tranz India Corporate Network Private Limited, v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.03.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.2852 of 2020 M/s.Tranz India Corporate Network Private Limited, Represented by its Managing Director, Mr.Mohanraj S/o.K.Veluswamy, No.204, Sanjay Raaj Towers, 100, Feet Road, Coimbatore-641 012.

.. Petitioner ..Vs..

1.The Secretary to Government, Home Department, Secretariat, Chennai-600 009.

2.The Secretary to Government, Co-operation Food and Consumer Protection Department, SEcretariat, Chennai-600 009.

3.The Commissioner, Civil Supplies and Consumer Protection Department, Chepauk, Chennai-600 005.

4.The Joint Commissioner, Civil Supplies and Consumer Protection Department, Chepauk, Chennai-600 005.

5.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 004.

.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the fifth respondent to consider the representation of the petitioner dated 09.12.2019 not to harass the Distributors/Agent of M/s.Tranz India Corporate Network Private Limited who are involved in the business of Direct Selling and Multilevel Marketing business following the guidelines issued in G.O.M.S.No.136, Co-operation, Good and Consumer Protection (H2) dated 01.10.2018.

For Petitioner : Mr.K.Balasubramaniam For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, to direct the fifth respondent to consider the representation of the petitioner dated 09.12.2019.

2. The petitioner is involved in the business of marketing Ayurvedic, Health care, Personal care and home appliances. In this regard, the Government of Tamil Nadu passed in G.O.Ms.No.136, Co-operation, Good and Consumer Protection (H2) dated 01.10.2018 and issued guidelines for online/direct sales mans.

3.On perusing the records it is seen that no circular was passed by the concerned police department. Since, unnecessarily the local jurisdictional police have harassed the petitioner and our distributors/agents, the petitioner gave a representation dated 01.10.2018, thereby calling upon the police authorities to give a direction to the concerned police station not to harass the distributors/agents of M/s.Tranz India Corporate Network Private Limited, who are involved in the business of direct selling and Multilevel Marketing business following the guidelines issued in G.O.Ms.No.136, Co-operation, Good and Consumer Protection (H2) dated 01.10.2018.

4.The learned Additional Public Prosecutor submitted that the entire allegation made in the affidavit are fake and the correct incident was not mentioned in the affidavit filed in support of the writ petition. He further submitted that there is no mention made by the petitioner about the harassment made by the police persons towards the petitioner's distributors/agents. He further submitted that based on the complaint, the jurisdiction police enquired the petitioner's distributors/ agents.

5.It is seen that the petitioner is doing the business of marketing Ayurvedic, Health care, Personal care and home appliances through direct selling. The main objective of the petitioner company is to carry on the business of direct selling/online. The Government of Tamil Nadu passed G.O.Ms.No.136 and thereby issued certain guidelines. Now the petitioner has come forward by way of this writ petition to issue an order to the concerned jurisdiction police not to harass the distributors/agents of the petitioner.

6. Considering the facts and circumstances of this case, this Court cannot issue any direction to any officials. Accordingly, the writ petition is dismissed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar tta To 1.The Secretary to Government, Home Department, Secretariat, Chennai-600 009.

2.The Secretary to Government, Co-operation Food and Consumer Protection Department, SEcretariat, Chennai-600 009.

3.The Commissioner, Civil Supplies and Consumer Protection Department, Chepauk, Chennai-600 005.

4.The Joint Commissioner, Civil Supplies and Consumer Protection Department, Chepauk, Chennai-600 005.

5.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 004.

6.The Public Prosecutor, High Court of Madras, Chennai.

+1cc to Mr.K.Balasubramaniam, Advocate SR.No.19977 W.P.No.2852 of 2020 VSN II(CO) GMY(14/07/2020)