M/S.Montage Bali Spa v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.No.5808 of 2022 and W.M.P.No.5885 of 2022 M/s.Montage Bali Spa Rep by its Partner, Mr.M.Sethu Rajesh, No.10, Basement, MKM Rich Hotel, Rayapuram Main Road, Rayapuram, Tiruppur - 641 601.

...Petitioner

-Vs1.The Commissioner of Police, Office of the Commissioner of Police, Tiruppur City, Tiruppur - 641 603.

2.The Inspector of Police, Kumaran Road, Kannipiran Colony, Valipalayam, Tiruppur - 641 602.

3.The Commissioner, Tiruppur City Municipal Corporation, Mangalam Road, Tiruppur - 641 604.

..Respondents Prayer : This Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus or any other writ or direction in the nature of writ forbearing the respondents from in anyway interfering with the business of the petitioner namely "Montage Bali Spa'' at No.10, Basement, MKM Rich Hotel, Rayapuram Main Road, Rayapuram, Tiruppur - 641 601.

For Petitioner :

Mr.A.Sathasivam For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a Writ of Mandamus forbearing the respondents from in anyway interfering with the business of the petitioner namely "Montage Bali Spa.'' 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 3.The case of the petitioner is that he is a partner in the firm registered under Section 58(1) of the Indian Partnership Act, 1932 on 07.08.2015 and operating his business in the name of "Montage Bali Spa". It is the further case is that the respondents at the time of conducting inspection harassing the petitioner, despite the petitioner having obtained license and having qualified therapists. It is the further case of the petitioner is that this Court had issued number of orders forbearing the police authorities from conducting any raid or interfering with the business carried on by the petitioner on routine basis without any justification.

4.So long as the petitioner does not indulge in any illegal or unlawful activity, the respondents shall not interfere with the petitioner's running of the petition mentioned business. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar jas/tsh To 1.The Commissioner of Police, Office of the Commissioner of Police, Tiruppur City, Tiruppur - 641 603.

2.The Inspector of Police, Kumaran Road, Kannipiran Colony, Valipalayam, Tiruppur - 641 602.

3.The Commissioner, Tiruppur City Municipal Corporation, Mangalam Road, Tiruppur - 641 604.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Sathasivam, Advocate SR.No.17876 W.P.No.5808 of 2022 and W.M.P.No.5885 of 2022 SKM(CO) GN(28/03/2022)