S.Sheela v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.11057 of 2015 and M.P.No.1 of 2015 S.Sheela ..

Petitioner Vs.

1. The Commissioner of Police, Vepery, Chennai - 7.

2. The Inspector of Police, Koyambedu Police Station, Koyambedu, Chennai.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents or their men and agents from interfering with the peaceful conduct of business in the name of "SARAVANAA FAMILY SALOON AND SPA" No.100A, Nerkundram, Poonamallee High Road, Chennai - 600 107.

For Petitioner :

Mr.K.Dharmaraj For Respondents :

Mrs.P.Rajalakshmi, Government Advocate

O R D E R

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner claims that she is carrying on business in the name and style of "SARAVANAA FAMILY SALOON AND SPA", Door No.100A, Nerkundram, Poonamallee High Road, Chennai, for the past ten years without any room for complaint and by employing the services of qualified and trained therapist, Ayurvedic massage is also given. The petitioner would further state that the complaint that the illegal activities are going on in the business run by her, is not at all true and since her business is being interfered with by the second respondent police, she has submitted a representation dated 10.10.2014 to the respondents and in spite of

receipt of the representation, harassment continues and hence, she came forward to file this writ petition.

3. Mr.K.Dharmaraj, learned counsel appearing for the petitioner has drawn the attention of this Court to the order dated 03.02.2015 made in W.P.No.2429 of 2015 and M.P.No.1 of 2015 and would submit that the said writ petition was disposed of following the judgment of this Court reported in (2015) 1 MLJ 308 [Masti Health and Beauty Private Limited V. Commissioner of Police] and this petitioner is also entitled for the similar relief.

4. Per contra, Mrs.P.Rajalakshmi, learned Government Advocate, who accepts notice for the respondents, would submit that the petitioner, under the guise of massage treatment, indulged in illegal activities and that is why, the second respondent has conducted a surprise visit.

5. This Court has carefully considered the rival submissions made by the learned counsel on either side and perused the records.

6. Though the petitioner has prayed for the larger relief, this Court is of the view that it would be suffice to direct the respondents to consider and dispose of the representation dated 10.10.2014 submitted by the petitioner in accordance with the judgment reported by this Court in (2015) 1 MLJ 308 [Masti Health and Beauty Private Limited V. Commissioner of Police] within a stipulated time.

7. In the result, the writ petition is disposed of and the respondents are directed to consider the representation dated 10.10.2014 submitted by the petitioner, taking into consideration the guidelines in paragraph No.67 of the judgment reported in (2015) 1 MLJ 308 [Masti Health and Beauty Private Limited V. Commissioner of Police], in which, the first respondent himself is a party and pass orders on merits and in accordance with law, as expeditiously as possible, not later than two weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Jrl

To

1. The Commissioner of Police, Vepery, Chennai - 7.

2. The Inspector of Police, Koyambedu Police Station, Koyambedu, Chennai.

1 cc to Mr. .K.Dharmaraj,Advocate, SR.No.20850 1 cc to Government Pleader,Sr.No21079 W.P.No.11057 of 2015 nm(co) pmk.29.4.2015