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Madras High CourtWP/12635/2023disposed of

M/S.Beauty Spa v. The State Of Tamil Nadu

2023-04-24Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and W.M.P.No.12425 of 2023 M/s.Beauty Spa Represented by its Proprietor, Ponshankar Door No.37A-10, Sathy Road, Sivananthapuram, Saravanampatti Post, Coimbatore - 641 035.

...Petitioner

Vs.

1 The State of Tamil Nadu, Rep by its Secretary to Government, Home Department, Fort St. George, Chennai- 600 009.

2 The Commissioner of Police, (Law and Order) Commissioner of Police Office, Coimbatore City, Huzur Road, Uppilipalayam, Coimbatore - 641 018.

3 The Inspector of Police (Law and Order) E-3, Police Station,

Saravanampatti- Kalapatti Road, Thiruvannamalai nagar, Ramanandha Nagar, Saravanampatti, Coimbataore, Tamil Nadu - 641 035.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, forbearing the respondents 2 and 3 or their men, agents or any persons claiming under them from interfering with the peaceful conduct of petitioner's business in the name and style of "Beauty Spa" at Door No. 37A-10, Sathy Road, Sivananthapuram Saravanampatti Post, Coimbatore- 641 035.

For Petitioner : Mr.G.V.Sridharan For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

The Writ Petition has been filed for forbearing the respondents 2 and 3 or their men, agents or any persons claiming under them from interfering with the peaceful conduct of petitioner's business in the name and style of "Beauty Spa" at Door No. 37A-10, Sathy Road, Sivananthapuram Saravanampatti Post, Coimbatore- 641 035.

2.It is the contention of the learned counsel for the petitioner that petitioner is running a SPA i.e., cross relaxation massage in the name and style of "Beauty Spa" at Door No. 37A-10, Sathy Road, Sivananthapuram Saravanampatti Post, Coimbatore- 641 035. He would further submit that the petitioner has made a representation dated 15.04.2023 to the 2nd and 3rd respondents forbearing them or their men, agents or any persons claiming under them from interfering with the peaceful conduct of petitioner's business in the name and style of "Beauty Spa" at Door No. 37A-10, Sathy Road, Sivananthapuram Saravanampatti Post, Coimbatore- 641 035. Hence the petition.

3.The learned Government Advocate (Crl.Side), appearing for the respondents submitted that, the respondent police has received the representation of the petitioner and based on the representation of the petitioner, CSR.No.671 of 2023 is pending for consideration. 4.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents police.

5.Considering the above, this Court directs the respondents to consider the petitioner's representation dated 15.04.2023 and pass appropriate orders within a period of four weeks from the date of receipt of copy of this order in accordance with law.

6.With the above direction, this Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 24.04.2023 Index :Yes/No Internet :Yes/No gd

To 1 The State of Tamil Nadu, Rep by its Secretary to Government, Home Department, Fort St. George, Chennai- 600 009.

2 The Commissioner of Police, (Law and Order) Commissioner of Police Office, Coimbatore City, Huzur Road, Uppilipalayam, Coimbatore - 641 018.

3 The Inspector of Police (Law and Order) E-3, Police Station, Saravanampatti- Kalapatti Road, Thiruvannamalai nagar, Ramanandha Nagar, Saravanampatti, Coimbataore, Tamil Nadu - 641 035.

4 The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN, J.

gd 24.04.2023