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Madras High CourtWP/8079/2021allowed

K.Palani Velu v. The Commissioner Of Police,

2021-03-30Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.8079 of 2021 and WMP.No.8627 of 2021 K.Palanivelu ..Petitioner -vs1. The Commissioner of Police, Tiruppur, Tiruppur District.

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

.. Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the second respondent to issue a no objection certificate to the petitioner to run a "SPA" i.e.,cross massage in the name and style of "Heavens Ayurveda Beauty Saloon & SPA" at No.19/10, Stanes Road, 2nd Street, Odakkadu, Tiruppur-602 by passing orders on my representation dated 12.03.2021.

For Petitioner : Mr.S.Leonard Vasanth For Respondents : Mr.C.Raghavan Government Advocate

ORDER

This Writ Petition has been filed to direct the 2nd respondent to issue a "No Objection Certificate" to the petitioner in order to enable the petitioner to get the License in accordance with the Official Gazette Notification 252, dated 16.07.2018 and also forbear the 2nd respondent not to unduly interfere with the peaceful conduct of the business i.e., cross massage in the name and style of "Heavens Ayurveda Beauty Saloon & SPA" at No.19/10, Stanes Road, 2nd Street, Odakkadu, Tiruppur602.

2. The learned Government Advocate, on instructions, submitted that the petitioner is already running a SPA and the police are under the impression that already No Objection was given by the police. If the petitioner has not obtained any "No https://hcservices.ecourts.gov.in/hcservices/

Objection Certificate", the petitioner can be directed to approach the second respondent and the second respondent will consider the grant of "No Objection Certificate" to the petitioner.

3. Recording the submission of the learned Government Advocate, this Writ Petition is disposed of with a direction to the petitioner to make a representation to the second respondent seeking for "No Objection Certificate" for running the business and the second respondent on receipt of the representation shall consider the same and issue "No Objection Certificate" if he satisfies all the requirements. In the event of "No Objection Certificate" is granted, the respondent police shall not, thereafter interfere with the business of the petitioner, until it is run in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS-VIII) True Copy Sub-Assistant Registrar rm To

1. The Commissioner of Police, Tiruppur, Tiruppur District.

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

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.S.Leonard Vasanth, Advocate sr 20530. W.P.No.8079 of 2021 and WMP.No.8627 of 2021 NK(CO) SP(06/07/2021) https://hcservices.ecourts.gov.in/hcservices/