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Madras High CourtWP/16732/2023disposed of

S.S.Ravichandran v. The State Of Tamil Nadu

2023-06-09Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and W.M.P.No.16011 of 2023 S.S.Ravichandran

...Petitioner

Vs.

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

2.The Superintendent of Police, Thiruvarur District, Thiruvarur.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, forbearing the Respondents 1 and 2 or any special squad from interfering with the day- to-day business affairs of the petitioner at "SRJ Jewellery", No.48-C, D.M.Court Road, Thiruthuraipoondi, Thiruvarur District, and consequently direct the Respondents 1 and 2 to pass suitable orders on the Representation of the Petitioner dated 23.05.2023.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.Leonard Arul Joshph Selvam Government Advocate (Crl.Side)

ORDER

The Writ Petition has been filed for forbearing the Respondents 1 and 2 or any special squad from interfering with the day- to-day business affairs of the petitioner at "SRJ Jewellery", No.48-C, D.M.Court Road, Thiruthuraipoondi, Thiruvarur District, and consequently direct the Respondents 1 and 2 to pass suitable orders on the Representation of the Petitioner dated 23.05.2023.

2. Learned counsel for the petitioner submitted that petitioner is running "SRJ Jewellery" and he is the proprietor of this Jewellery. The necessary license had been taken for running the Jewellery and he is also assessed to Income Tax. However, police authorities claiming that, they are from Special Squad often come to the petitioner's business premises and interfere with the day to day business operations. It causes enormous inconvenience and harassment to the petitioner in running his business. Therefore, this petition is filed.

3. In response, learned Government Advocate (Criminal side) submitted that, in the year 2022, recovery of stolen jewellaries were made from the petitioner's shop in Crime No.452 of 2022 at Keevalur Police Station, Nagapattinam District. If a blanket protection is given to the petitioner, respondent would not be in a position to take action against the petitioner, if petitioner is involved in any illegal activities, like receiving of stolen jeweleries. He further submitted that, in 2023, so far, no police visited petitioner's premises.

4. In the facts and circumstances of this case, this Court directs the respondents, not to interfere with the legal and genuine business operations of the petitioner. However, if the respondent comes to know about the involvement of the petitioner in commission of any criminal act, like receiving of stolen jewels, it is always open to the respondent to take appropriate legal action against the petitioner in the manner known to law.

5. Accordingly, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 09.06.2023 gd G.CHANDRASEKHARAN, J.

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

2.The Superintendent of Police, Thiruvarur District, Thiruvarur.

3.The Public Prosecutor, High Court of Madras.

09.06.2023