Madras High CourtWP/6075/2021disposed of

Akruthi Wellness Center v. The Superintendent Of Police,

2021-03-10Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.6075 of 2021 and WMP No.6710 of 2021 Akruthi Wellness Center, Rep. by Proprietor, B.Vivekananda De, S/o. Balai Lal De, Pennagaram Main Road, Near Salam Fly Over, A.Reddihalli Village, Dharmapuri Taluk, Dharmapuri District.

...

Petitioner Vs

1. The Superintendent of Police Dharmapuri, Dharmapuri District.

2. The Inspector of Police B-1 Town Police Station, Dharmapuri, Dharmapuri District ...

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to forbear the respondents or their men, agents from interfering with the peaceful conduct of business i.e., cross massage in the name and style of "Akruthi Wellness Center" at Pennagaram Main Road, Near Salam Fly Over, A.Reddihalli Village, Dharmapuri Taluk, Dharmapuri District.

For petitioner ...

Mr.M.Selvam For respondents ...

Mr.V.Shanmuga Sundar Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus to forbear the respondents or their men, agents from interfering with the peaceful conduct of business i.e., cross massage in the name and

style of "Akruthi Wellness Center" at Pennagaram Main Road, Near Salam Fly Over, A.Reddihalli Village, Dharmapuri Taluk, Dharmapuri District.

2. Mr.V.Shanmuga Sundar, learned Special Government Pleader accepts notice for the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard Mr.M.Selvam, learned counsel for the petitioner and Mr.V.Shanmuga Sundar, learned Special Government Pleader accepts notice 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 separate 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 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 a License for his Wellness Centre at at Pennagaram Main Road, Near Salam Fly Over, A.Reddihalli Village, Dharmapuri Taluk, Dharmapuri District, 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.

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

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar Nl To

1. The Superintendent of Police Dharmapuri, Dharmapuri District.

2. The Inspector of Police B-1 Town Police Station, Dharmapuri, Dharmapuri District +1cc to Mr.M.Selvam, Advocate, S.R.No. 15257 W.P. No.6075 of 2021 and WMP No.3611 of 2021 RSV(CO) GN(26/03/2021)