Madras High CourtWP/9984/2020disposed of

M/S.Happy Spa v. The Superintending Of Police

2020-07-30Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2020

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.9984 of 2020 M/s. Happy Spa, Rep. By its Partner S.Sumitha Daughter of Sundaram, No.14, G.K.S.Avenue, Thondamuthur Road, Vadavalli, Coimbatore - 641 046.

... Petitioner Vs

1. The Superintendent of Police, District Police Office, State Bank Road, Coimbatore-18

2. The Inspector of Police, Vadavalli Police Station, M5, Navavoor Pirivu,

3. The Coimbatore Corporation Municipal Office, West Zone, Ward - 18, Maruthamalai Road, Vadavalli, .. Respondents Prayer:

Writ Petition filed under Section Article 226 of the Constitution of India praying Writ of Mandamus to direct the respondent 2 to issue the "No Objection Certificate so as to enable the petitioner to submit the application with the 3rd respondent for securing Trade license to commence their business at No.14, G.K.S.Avenue, Thondamurthur Road, Vadavalli, Coimbatore- 641 046.

For Petitioner :

Mr.A.R.M.Arunachalam For Respondents :

Mr.R.Govindasamy, Special Government Pleader for R1 & R2 Mr.J.Sathyanarayana Prasad Standing Counsel for R3

O R D E R

This matter is taken up for hearing through VideoConferencing mode.

2. Mr.R.Govindasamy, learned Special Government Pleader takes notice for the 1st and 2nd respondents. Mr.J.Sathyanaraya Prasad, learned Standing Counsel takes notice for the 3rd respondent. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

3. It appears that the petitioner has approached the 2nd respondent and sought for "No Objection Certificate" by making oral request. Based on such oral request, the petitioner cannot approach this Court and seek for a Mandamus as sought for in this writ petition.

4. Therefore, this Writ petition is disposed of only with a direction to the petitioner to make a written request before the 1st and 2nd respondents seeking for issuance of "No Objection Certificate" for running the SPA. If any such application is filed, the same shall be considered and appropriate orders shall be passed by the 2nd respondent on merits and in accordance with law within a period of three weeks from the date of receipt of such application. It is made clear that this Court is not expressing any view on the merits of the claim made by the petitioner for issuance of "No Objection Certificate", as it is for the 1st and 2nd respondents to consider and decide. No costs. Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar mk/vsi To

1. The Superintendent of Police, District Police Office, State Bank Road, Coimbatore-18.

2. The Inspector of Police, Vadavalli Police Station, M5, Navavoor Pirivu,

3. The Coimbatore Corporation Municipal Office, West Zone, Ward - 18, Maruthamalai Road, Vadavalli, +1cc to Mr.AR.M.Arunachalam, Advocate, S.R.No. 25561 W.P.No.9984 of 2020 SSV(CO) GN(07/08/2020)