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Madras High CourtWP/6930/2021disposed of

Muhammed Ali M P v. The Superintendent Of Police

2021-03-17Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.6930 of 2021 Muhammed Ali M.P.

S/o.Muhammed Sha .. Petitioner vs.

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

2. The Inspector of Police, Tirupur North Police Station, Tirupur District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue 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 "NORA WELLNESS SPA" at Door No.561, Avinashi Road, Tirupur, Tirupur district by passing orders on my representation dated 26.02.2021.

For Petitioner : Mr.N.Edwin Jayakumar For Respondents: Mr.M.Mohamed Riyaz, Addl. Public Prosecutor

ORDER

This writ petition has been filed for issuance of writ of Mandamus directing the respondent police to give No Objection Certificate to the petitioner in order to enable the petitioner to get a Trade License to run the Spa.

2. Learned counsel for the petitioner brought to the notice of this Court to the representation made by the petitioner on 26.02.2021. According to the petitioner, this representation was made in person to the first respondent.

3. Learned Additional Public Prosecutor appearing on behalf of the respondent on instructions submitted that no such representation was given to the respondent police and this writ petition has been filed even without giving any representation seeking for No Objection Certificate.

https://hcservices.ecourts.gov.in/hcservices/

4. In the considered view of this Court, there is no acknowledgment for the representation that is said to have been given by the petitioner on 26.02.2021. Therefore, this Court cannot act upon the representation that is relied upon by the learned counsel for the petitioner.

5. In view of the above, it is left open to the petitioner to make a fresh representation to the second respondent seeking for No Objection Certificate and the same shall be considered by the second respondent and a decision shall be taken subject to the petitioner fulfilling all the requirements. Except granting this liberty, no further orders can be passed in this writ petition.

6. This Writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar kal To

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

2. The Inspector of Police, Tirupur North Police Station, Tirupur District.

3. The Public Prosecutor, High Court, Madras +1 cc to M/s.S.Leonard Vasanth Advocate sr17117 W.P No.6930 of 2021 pl(co) aa09/04/2021 https://hcservices.ecourts.gov.in/hcservices/