R.Kalaivani v. The Superintendant Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.4631 of 2021 R.Kalaivani ... Petitioner Vs.

1.The Superintendent of Police, Coimbatore, Coimbatore District.

2.The Inspector of Police, E2- Peelamedu Police Station, Coimbatore District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to issue a No Objection Certificate to the Petitioner to run a SPA I.E Cross Massage in the name and style of "LEO WELLNESS SPA" at Plot No.474, Fun Republic Mall, Sowripalayam Village, Avinashi Road, Peelamedu, Coimbatore641004 by passing orders on the Petitioners representation dated 24.01.2021.

For Petitioner : Mr.S.Lenoard Vasanth For Respondents : Mrs.C.Meera Arumugam Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the 2nd respondent to issue a No Objection Certificate to the Petitioner to run a SPA I.E Cross Massage in the name and style of "LEO WELLNESS SPA" at Plot No.474, Fun Republic Mall, Sowripalayam Village, Avinashi Road, Peelamedu, Coimbatore- 641004 by passing orders on the Petitioners representation dated 24.01.2021.

2. Permission / No Objection Certificate to conduct such Ayurvedic Centres or SPA are to be granted by the competent authorities by scrutinizing the genuinity of such centers.

3. Mrs.C.Meera Arumugam, learned Additional Government Pleader appearing on behalf of the respondents would submit that the Government has issued Gazatte Notification 252, dated 16.07.2018 as amended Schedule VI of the Chennai City Municipal Corporation Act for running a SPA Centre, a license should be obtained from the authority. However, the petitioner has

not obtained any license or no objection certificate from the competent authorities.

4. In the name of Massage Centres / Ayurvedic Centres, no illegality or offences can be permitted. The Police Authorities are duty bound to conduct inspections, if they receive any information regarding any such illegality or offence.

5. In the present case, the petitioner has not obtained any license or no objection certificate from the competent authorities and if the petitioner has applied for the certificate, then the no objection sought for is to be granted by scrutinizing the application.

6. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 06.02.2024 Jeni Index : Yes Speaking order

To 1.The Superintendent of Police, Coimbatore, Coimbatore District.

2.The Inspector of Police, E2- Peelamedu Police Station, Coimbatore District.

S.M.SUBRAMANIAM, J.

Jeni 06.02.2024