Monoj P.R., v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2021 CORAM :
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P.No.39621 of 2015 & M.P.No.1 of 2015 Monoj.P.R.
...Petitioner
Vs.
1.The Superintendent of Police, Salem District - 636 005.
2.The Inspector of Police, Suramangalam Police Station, Salem.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to forbear the respondents their men, agents from interfering with the peaceful conduct of business in the name of SREE SAID Ayurvedic Centre and SPA, No.44/K3, K.A.S.Garden, Narasothipatty, Salem District - 636 004.
For Petitioner :
No Appearance For Respondents :
Mr.T.Venkatesh Kumar Special Government Pleader
O R D E R
The relief sought for in the present Writ Petition is to forbear the respondents their men, agents from interfering with the peaceful conduct of business in the name of SREE SAID Ayurvedic Centre and SPA.
2. The petitioner is carrying on business in the name and style of SREE SAID Ayurvedic Centre & SPA. The petitioner states that the principle of massage in Ayurveda is a Kerala Traditional treatment, which cures illness in the body. The
petitioner is doing his business and the respondents are unnecessarily interfering with the peaceful conduct of the business in that locality.
3. This Court is of the opinion that the general direction as it sought for in the present Writ Petition cannot be granted in a routine manner. The competent authorities are bound to conduct investigations in all such business premises, if they are reasonably came to understand about any such illegal activity or there is reasonable suspicion or information or complaint.
4. The power conferred on the public authorities and Police authorities may not be taken away in a routine manner so as to prevent such competent authorities from exercising their powers in lawful manner. No doubt, the competent authorities are bound to exercise their powers in lawful manner by following procedures as contemplated under law. Only in the event of exercise of exclusive power, the person aggrieved may make out complaint before the competent authorities or Court of law but not otherwise.
5. A mere conduct of inspection or enquiry would not provide cause for the petitioner to approach this Court. The case requires action and inspection cannot be construed as cause.
6. There is a growing trend of filing this kind of Writ Petition with an idea to restrain the public authorities and Police officials from performing their lawful duty. When such Writ Petitions are filed with general relief, the High Court is expected to be cautious and such general directions would cause hindrance for the purpose of exercise of lawful powers conferred under various statues for the Police authorities and other departmental / public authorities. Therefore, only in the event of establishing definite case, the Court must be in a position to consider the same and grant appropriate relief.
7. A mere filing of the Writ Petition in the nature of Anticipatory Bail can never be considered and even in Anticipatory Bail receipt of complaint is mandatory. Therefore, practice of filing such vague Writ Petition at no circumstances be encouraged by the High Court. Such kind of Writ Petitions are to be dismissed at the admission stage itself or cost must be imposed as the idea of filing of the writ petition is to protect their illegal activities or offenses.
8. Therefore, routine inspection and enquiry to be conducted can never be stalled or any relief in the nature of injunction can never be granted in such Writ Petitions.
9. The Writ Petitioner has not established any right for the purpose of considering the relief and the Writ Petition stands dismissed.
Consequently, connected Miscellaneous Petition is closed. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kan To 1.The Superintendent of Police, Salem District - 636 005.
2.The Inspector of Police, Suramangalam Police Station, Salem.
+1 CC to The Government Pleader sr 69799 W.P.No.39621 of 2015 RSV(CO) SP(27/01/2022)