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Madras High CourtWP/2939/2021disposed of

Pushpa Harisankar v. The Superintendant Of Police

2021-02-11Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.2939 of 2021 and WMP No.3298 of 2021 Pushpa Harisankar ...

Petitioner Vs

1. The Superintendent of Police Coimbatore, Coimatore District.

2. The Inspector of Police Pollachi West Police Station ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the second respondent to issue a No Objection Certificate to the petitioner to run a "SPA" i.e., cross massage in the name and style of "Dravya Ayurveda Health Care & Spa" at Door No.91, Raja Mill Road, Pollachi, Coimbatore District - 642001 by pass orders on the petitioner's representation dated 10.01.2021. For petitioner ...

Mr.S.Leonard Vasanth For respondents ...

Mr.V.Shanmuga Sundar Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to issue No Objection Certificate to the petitioner to run a Spa i.e. cross massage in the name and style of "Dravya Ayurveda Health Care & Spa" at Door No.91, Raja Mill Road, Pollachi, Coimbatore District - 642001, based on the petitioner's representation dated 10.01.2021.

2. Mr.V.Shanmuga Sundar, learned Special Government Pleader accepts notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for final disposal.

3. Heard Mr.S.Leonard Vasanth, learned counsel for the petitioner and Mr.V.Shanmuga Sundar, learned Special Government Pleader appearing for the respondents.

4. Mr.V.Shanmuga Sundar, learned Special Government Pleader appearing for the respondents, on instructions, submits that unless and until the petitioner applies for Spa license in accordance with the specified format under the statute, the first respondent will not be able to process the same.

5. The learned counsel for the petitioner on instructions, would submit that the petitioner is willing to apply for Spa Licence in accordance with the specified format.

6. After recording the submissions made by the respective learned counsels, this Court directs the petitioner to apply for Spa License for his Spa at Door No.91, Raja Mill Road, Pollachi, Coimbatore District - 642001, as per the specified format within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said application in the specified format, the first respondent shall consider the same and pass final orders on merits and in accordance with law, within a period of four weeks, thereafter. In the meanwhile, it is made clear that the respondents shall not disturb the petitioner's peaceful possession and enjoyment of his Spa.

7. With the aforesaid directions, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nl To

1. The Superintendent of Police, Coimbatore,

2. The Inspector of Police, Pollachi West Police Station, +1cc to M/s.S.Leonard Vasanth, Advocate Sr.7639 W.P. No.2939 of 2021 jp II[co] srg 01/03/2021