← Library
Madras High CourtWP/13968/2024disposed of

Thulir Spa And Salon v. The State Represented By

2024-06-03Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2024

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN AND W.M.P.No.15160 of 2024 Thulir Spa and Salon Rep. by its Partner M.Bharathiraja No.48, A-3 First Floor, Dr.Narasimhan Road North Boag Road, Chennai 600 017 .. Petitioner Vs 1.The State rep. by Commissioner of Police Greater Chennai Police Vepery, Chennai 600 007 2.The State rep. by E-3 Inspector of Police Teynampet, Chennai 600 006 3.The Commissioner Greater Chennai Corporation Ripon Buildings, Chennai 600 003 4.The Zonal Health Officer IX Zone, No.8, 4th Cross Street Lake Area, Nungambakkam Chennai 600 034 .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents,

their men, subordinates or anyone acting on their behalf from in any manner interfering with nor disturb the petitioner's peaceful and lawful business of Thulir Spa and Salon, at No.48, A-3 First Floor, Dr.Narasimhan Road, North Boag Road, Chennai 600 017 except by due process of law.

For Petitioner : Mr.T.S.Rajamohan For Respondents : Mr.S.Udaya Kumar Govt. Advocate (Crl. Side)

O R D E R

This petition has been filed for a mandamus forbearing the respondents, their men, subordinates or anyone acting on their behalf from in any manner interfering with or disturbing the petitioner's peaceful and lawful business of Thulir Spa and Salon, No.48, A-3 First Floor, Dr.Narasimhan Road, North Boag Road, Chennai 600 017, except by due process of law.

2. The petitioner herein, without getting NOC from the police, has now sought for restraint order from this Court, alleging that the police is interfering in their peaceful and lawful business under the name Thulir Spa and Salon.

3. Learned counsel appearing for the petitioner, relying upon the

NOC given by the Fire Department and Corporation, under the presumption that they are entitled to run the Spa, has come before this Court with the above said prayer.

4. Learned Government Advocate (Criminal Side) appearing for the respondents, pointing out the lacuna that without NOC from the police, the petitioner cannot run Spa, submitted that the petitioner's application dated 12.02.2024 is under consideration and if the petitioner complies with all the parameters mentioned in the circular of the Commissioner of Police, his request will be considered in accordance with law.

5. The petitioner's application dated 12.02.2024 shall be considered in accordance with law and if any further document is required, the respondent Police shall call for those document and consider the application in accordance with law, preferably within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this petition is disposed of. No costs. Connected W.M.P. is closed.

03.06.2024 gya

Dr.G.JAYACHANDRAN, J.

gya To 1.The Commissioner of Police Greater Chennai Police Vepery, Chennai 600 007 2.The Inspector of Police E-3 Teynampet Police Station Chennai 600 006 3.The Commissioner Greater Chennai Corporation Ripon Buildings, Chennai 600 003 4.The Zonal Health Officer IX Zone, No.8, 4th Cross Street Lake Area, Nungambakkam Chennai 600 034 5.The Public Prosecutor High Court, Madras 03.06.2024