K.Dhanasekaran v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN Writ Petition No.2411 of 2017 K.Dhanasekaran ... Petitioner vs.
1.
The Commissioner of Police, Greater Chennai City, Vepery, Chennai 600 007.
2.
The Inspector of Police, R-7, K.K. Nagar Police Station, K.K. Nagar, Chennai 600 078.
The Inspector of Police, Anti Vice Squad, Chintadripet, Chennai.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, forbearing the respondents, their men, agents or claiming anybody under them from interfering with the petitioner's conduct of business in the name and style of M/s.MOKSHAA HAIR CUTTING SALOON at No.223, Arcot Road, Virugambakkam, Chennai 600 092, for which the petitioner gave representation to the respondents on 02.01.2017.
For Petitioner :
Mr.J.Wiliam Shakespeare For Respondents:
Mr.S.Rajeswaran, Special Government Pleader
O R D E R
The petitioner has come up with this Writ Petition seeking to forbear the respondents from interfering with his conduct of business in the name and style of M/s.MOKSHAA HAIR CUTTING SALOON at No.223, Arcot Road, Virugambakkam, Chennai 600 092, on the basis of his representation dated 02.01.2017 given to the respondents.
2.
According to the petitioner, he is running a Hair Cutting Saloon in the name and style of M/s.MOKSHAA Hair Cutting
Saloon in the above premises. It is his grievance that the respondents 2 and 3, on the instructions of the 1st respondent, without any intimation, are conducting surprise inspections frequently in his business premises, to ensure whether any illegal activities are being carried out. In spite of his repeated requests, the respondents are continuously trying to interfere with his business. In this regard, the petitioner has made a representation to the respondents on 02.01.2017. Pending consideration of the same, the petitioner is before this Court. Heard the learned counsel for the petitioner as also the learned Special Government Pleader appearing for the respondents.
4.
Learned Special Government Pleader appearing for the respondents, by producing a copy of the communication dated 08.02.2017 received from the 2nd respondent, submitted that the petitioner has got licence only to run a Hair Cutting Saloon. But, he is running a Massage Centre in the above saloon without any proper licence and in that regard, a case has been registered against him on 30.01.2017 by the Anti-Vice Squad 1 in Crime No.14/2017 under Sections 3(2)a, 4(1) & 5A(a) of the Immoral Traffic (Prevention) Act, 1956.
5.
In such view of the matter, this Court is of the view that the petitioner is permitted to run only the Hair Cutting Saloon, for which licence is obtained and he is not authorised to run a Massage Parlour in the same premises, when there is no licence for it. It is made clear that the respondent Police is always at liberty to inspect the petitioner's premises, if they come to know that Massage activities are going on therein. This Writ Petition is dismissed with the above observation. No costs. Consequently, connected W.M.P.No.2389 of 2017 is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To:
1.
The Commissioner of Police, Greater Chennai City, Vepery, Chennai 600 007.
2.
The Inspector of Police, R-7, K.K. Nagar Police Station, K.K. Nagar, Chennai 600 078.
The Inspector of Police, Anti Vice Squad, Chintadripet, Chennai.
+1cc to Mr.J. William Shakkseher, Advocate, S.R.No.8689 +1cc to the Government Pleader, S.R.No.8275 ks(CO) md(01/03/2017) W.P.No.2411 of 2017