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Madras High CourtWP/10303/2023disposed of

Bhaskar Chandra Lenka v. The State Of Tamilnadu

2025-07-09Honourable Mr Justice M. Sundar,Honourable Mr.Justice Hemant Chandangoudar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P. Nos.10283 and 10284 of 2023 in W.P.No.10303 of 2023 Bhaskar Chandra Lenka ... Petitioner Vs.

1.The State of Tamil Nadu rep. By its Secretary, Municipal Administration and Water Supply, Secretariat, Fort St. George, Rajaji Salai, Chennai - 600 009.

2.The Commissioner, 3.The Commissioner of Police, Greater Chennai Police, Chennai City Police Commissionerate, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

4.The Additional Commissioner (Health), Page Nos.1/5

5.The Revenue Officer, ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for records pertaining to the Notification No.SRO-C-2/ 2019 dated 27.02.2019 published under Section 373 of The Chennai City Municipal Corporation Act 1919 by the 2nd respondent in the Tamil Nadu Government Gazette No.

9 Chennai Wednesday February 27 2019 Part-III Section 2 and set aside Regulation 4(a) and (b) of the said Notification prescribing pre-requisite selective educational qualifications as a condition for granting trading License in respect of Spa and Hair cutting Salon, Beauty Parlour, Spa and Massage Parlour as being ultra vires, arbitrary, repressive violative of Article 19(1)(g) read with Article 14 and 21 of the Constitution of India and consequently direct the 2nd and 5th respondents to process afresh the petitioner's application dated 20.06.2022 submitted with the 5th respondent in respect of M/s.Ashlee Salon and Spa, No.1, 3rd Floor, Raju Nagar, OMR Road, Thoraipakkam, Chennai - 600 097 and issue Trade Licenses to the petitioner for operating Hair cutting Salon, Beauty Parlous, Spa and Page Nos.

massage centres within the jurisdiction of the Greater Chennai Corporation.

For Petitioner :

Mr.Perumbulavil Radhakrishnan for Mr.S.P.Vijayaragavan For Respondents :

Mr.T.K.Saravanan, Additional Government Pleader for R1 Mr.A.S.Ragul Adhithya for Ms.P.T.Ramadevi for R2, R4 and R5 Mr.S.Santhosh, Government Advocate (Crl. Side) for R3

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Mr.Perumbulavil Radhakrishnan, learned counsel representing the counsel on record for writ petitioner and Mr.A.S.Ragul Adhithya, learned counsel representing the counsel on record for R2, R4 and R5 submit in one voice that 'Notification No.SRO-C-2/ 2019 dated 27.02.2019 published under Section 373 of The Chennai City Municipal Corporation Act, 1919 by the second respondent in the Tamil Nadu Government Gazette' (hereinafter 'impugned notification' for the sake of convenience and clarity) has since been repealed and the writ petitioner has been favoured with a licence. In this view of the matter, both sides request that a closure be given to the captioned matter. Page Nos.3/5

2. In the light of the narrative thus far, captioned Writ Petition (WP) and captioned Writ Miscellaneous Petitions (WMPs) thereat are disposed of as closed. There shall be no order as to costs. (M.S.,J.) (H.C.J.) 09.07.2025 Index : Yes / No mmi To 1.The Secretary to Government, Municipal Administration and Water Supply, Secretariat, Fort St. George, Rajaji Salai, Chennai - 600 009. 2.The Commissioner, 3.The Commissioner of Police, Greater Chennai Police, Chennai City Police Commissionerate, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

4.The Additional Commissioner (Health), 5.The Revenue Officer, Page Nos.4/5

M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi 09.07.2025 Page Nos.5/5