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Madras High CourtWP/8682/2021disposed of with direction

.Sindhu. R 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.8682 of 2021 and WMP.No.9219 of 2021 Sindhu R.

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

2. The Inspector of Police, Sullur Police Station, Coimbatore 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 AYURVEDIC SPA" at Door No.48-D, Selvarajapuram, Chinthamanipudur Post, Coimbatore-641103 by passing orders on the petitioner's representation dated 25.03.2021.

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 AYURVEDIC SPA" at Door No.48-D, Selvarajapuram, Chinthamanipudur Post, Coimbatore-641103.

2. The learned Additional Public Prosecutor (Criminal Side) on instructions, submitted that no such representation is available with the concerned authorities. 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 police and the second respondent will consider the grant of "No Objection Certificate" to the petitioner. 3.

It is seen that though the petitioner has given a representation dated 25.03.2021 to the second respondent police, such representation is not available in the Court bundle and also the petitioner is directed to produce the copy of the representation along with this order copy to the second respondent police.

4. Recording the submission of the learned Additional Public Prosecutor, this Writ Petition is disposed of with a direction to the petitioner to make a representation to the second respondent police 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 //True copy// Sub Assistant Registrar msm To

1. The Superintendent of Police, Coimbatore District.

2. The Inspector of Police, Sullur Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Leonard Vasanth, Advocate SR.No.23256 W.P.No.8682 of 2021 and WMP.No.9219 of 2021 LN(CO) GMY(02/07/2021) https://hcservices.ecourts.gov.in/hcservices/