M.Mahesh Chandran v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.05.2023

CORAM

THE HON'BLE MR.JUSTICE A.A.NAKKIRAN W.P.No.15539 of 2023 and W.M.P.No.15057 of 2023 M.Mahesh Chandran

...Petitioner

vs.

1. The Superintendent of Police, Thiruppathur District, Thiruppathur.

2. The Inspector of Police, Thiruppathur Town Police Station, Thiruppathur, Thiruppathur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to issue a No Objection Certificate to the petitioner to run a "SPA" i.e., cross massage in the name and style of "Hygiene Medi Spa" : 71, C/3, Palanisamiyar Road, Ward No:2, Thiruppathur Town, Thiruppathur District - 635 601 by passing orders on petitioner's representation, dated 06.05.2023.

For Petitioner : Mr.S.Periasamy For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

O R D E R

The petitioner has filed this Writ Petition praying for issuance of a Writ of Mandamus to direct the second respondent to issue a No Objection Certificate to the petitioner to run a "SPA" i.e., cross massage in the name and style of "Hygiene Medi Spa" at 71, C/3, Palanisamiyar Road, Ward No:2, Thiruppathur Town, Thiruppathur District - 635 601 by passing orders on petitioner's representation, dated 06.05.2023.

2. Heard both sides and perused the materials available on record.

3. Taking into consideration the factual aspects of the matter, this Court, without going into the merits of the case, directs the second respondent to consider the said representation of the petitioner, dated 06.05.2023, conduct enquiry and pass appropriate orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed

any opinion on the merits of the claim of the petitioner and it is for the respondents to decide the same.

4. With the above observations and directions, the Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

17.05.2023 Index : Yes / No Speaking Order : Yes / No : Yes / No mfa/grs To

1. The Superintendent of Police, Thiruppathur District, Thiruppathur.

2. The Inspector of Police, Thiruppathur Town Police Station, Thiruppathur, Thiruppathur District.

3. The Public Prosecutor, High Court of Madras.

A.A.NAKKIRAN., J.

mfa/grs W.P.No.15539 of 2023 and W.M.P.No.15057 of 2023 17.05.2023