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Madras High CourtWP/8815/2021disposed of

R.Sindhu v. The Superintendent Of Police

2021-04-17Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.8815 of 2021 and WMP.No.9352 of 2021 Sindhu R.

.. Petitioner -vs1. The Superintendent of Police, Tirupur, Tirupur District.

2. The Inspector of Police, Nallur Police Station, Tirupur, Tirupur 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 "ARS FAMILY SPA" at Door No.79, Nallur Village, Kangeyam Main Road, Tirupur Taluk, Tirupur District - 641 663 by passing orders on the petitioner's representation dated 24.03.2021.

For Petitioner : Mr.N.Edwin Jeyakumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

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 "ARS FAMILY SPA" at Door No.79, Nallur Village, Kangeyam Main Road, Tirupur Taluk, Tirupur District - 641 663.

2. The learned Additional Public Prosecutor (Criminal Side), 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 https://hcservices.ecourts.gov.in/hcservices/

petitioner has not obtained any "No 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 fresh 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.

Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar msm To

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

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

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Leonard Vasanth, Advocate SR.No.23255 W.P.No.8815 of 2021 and WMP.No.9352 of 2021 LN(CO) GMY(02/07/2021) https://hcservices.ecourts.gov.in/hcservices/