P.Jegan v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WRIT PETITION No.3639 of 2017 P.Jegan ... Petitioner vs.

1.

The Commissioner of Police, Greater Chennai Police, Vepery, Chennai.

2.

The Inspector of Police, K-5, Peravallur Police Station, 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 or their men, agents from interfering with the peaceful conduct of business, i.e. cross massage in the name and style of "New Nature's - Unisex Salon & Spa Academy" at Door No.94, S.R.P. Koil South Street, Agaram, Peravallur, Chennai - 600 082.

For Petitioner :

No appearance For Respondents :

Mr.S.Rajeswaran, Special Government Pleader

O R D E R

The petitioner has filed this Writ Petition seeking to forbear the respondents from interfering with the peaceful conduct of his business, i.e. cross massage in the name and style of "New Nature's - Unisex Salon & Spa Academy" at Door No.94, S.R.P. Koil South Street, Agaram, Peravallur, Chennai-600 082. 2.According to the petitioner, he is carrying on Spa business in the name and style of "New Nature's - Unisex Salon & Spa Academy" in the above address for the past one year. The grievance of the petitioner is that the respondent Police are often inspecting his business premises to ensure whether any illegal activities are being carried out. Though the petitioner https://hcservices.ecourts.gov.in/hcservices/

has informed the respondent police on many occasions that such activities are not being carried out in his premises, the respondent police are continuing to interfere with his business. In this regard, the petitioner made a representation dated 07.11.2016 to the respondents. Pending consideration of the same, the petitioner is before this Court.

3.There is no representation for the petitioner. Heard the learned Special Government Pleader appearing for the respondents. 4.Respondents have filed counter affidavit and a perusal of the same reveals that the petitioner does not hold necessary licence and permission from the competent authorities to carry on Spa activities and on discreet enquiry, it was informed that the petitioner was carrying on illegal activities by engaging men and women.

5.In such view of the matter, this Court is of the view that the petitioner cannot seek a blanket order from this Court to carry on illegal activities in the guise of running a Spa without valid licence. Hence, this Writ Petition is dismissed. It is made clear that the respondent Police is always at liberty to inspect the petitioner's premises, if they come to know that illegal activities are going on therein. No costs.

Consequently, connected W.M.P.No.3675 of 2017 is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar aeb To:

1.

The Commissioner of Police, Greater Chennai Police, Vepery, Chennai.

2.

The Inspector of Police, K-5, Peravallur Police Station, Chennai.

+1 CC to Government Pleader, High Court, Chennai Sr.No.13037 Order in W.P.No.3639 of 2017 SVI(CO) KP(16.03.2017) https://hcservices.ecourts.gov.in/hcservices/