M.Velayutham, 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.3643 of 2017 and WMP No.3678 of 2017 M.Velayutham ... Petitioner vs.

1.

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

2.

The Inspector of Police, R-3, Ashok Nagar 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 "Ayurvedic Treatment Centre" at No.71/26, Stonedge Tower, 1st Floor, 1st Avenue, Ashok Nagar, Chennai 600 083.

For Petitioner :

No representation 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 business, i.e. cross massage in the name and style of "Ayurvedic Treatment Centre" at No.71/26, Stonedge Tower, 1st Floor, 1st Avenue, Ashok Nagar, Chennai 600 083. 2.

According to the petitioner, he is carrying on Spa business in the name and style of "Ayurvedic Treatment Centre" in the above address for the past six months. 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 has informed the respondent police on many occasions that such https://hcservices.ecourts.gov.in/hcservices/

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 10.12.2016 to the respondents. Pending consideration of the same, the petitioner is before this Court.

3.

No representation for the petitioner. Heard the learned Special Government Pleader appearing for the respondents. 4.

When the matter is taken up for hearing, learned Special Government Pleader, produced a Letter dated 20.02.2017 from the 2nd respondent and stated that the petitioner is carrying on Spa business in the said premises only for the past two months without any valid licence.

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 Spa business without any 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.3678 of 2017 is closed.

-sdAssistant Registrar //True copy// Sub Assistant Registrar aeb To:

1.

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

2.

The Inspector of Police, R-3, Ashok Nagar Police Station, Chennai.

C.C. to The Government Pleader SR.NO.13039/17 Order in W.P.No.3643 of 2017 BR (CO) VS 16.03.2017 https://hcservices.ecourts.gov.in/hcservices/