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Madras High CourtWP/17737/2021dismissed

M.Kavitha v. The Superintendent Of Police

2021-08-27Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.NO.17737 OF 2021 AND WMP.NO.18910 OF 2021 M.Kavitha ... Petitioner

Versus

1. The Superintendent of Police Tiruppur, Tiruppur District.

2. The Inspector of Police Anuppurpalayam Police Station Tiruppur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing 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 "SANTE SPA" at Door No.112/1, Hotel Viswas, Ashar Nagar, Avinashi Road, Tiruppur District-611 603, by passing orders on the petitioner's representation dated 02.08.2021. For Petitioner : Mr.N.Edwin Jeyakumar For Respondents : Mr.A.Damodaran Government Advocate (Crl.Side)

ORDER

This Writ Petition has been filed 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 "SANTE SPA" at Door No.112/1, Hotel Viswas, Ashar Nagar, Avinashi Road, Tiruppur District-611 603, by passing orders on petitioner's representation dated 02.08.2021. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner is running a SPA Centre in the name and style of "SANTE SPA" at Door No.112/1, Hotel Viswas, Ashar Nagar, Avinashi Road, Tiruppur, for the past one year without any complaint. As per the Gazette Notification 252, dated 16.07.2018, the petitioner made a representation on 02.08.2021 for grant of license and issuance of no objection certificate. Since no action has been taken, the present petition is filed.

4. It is seen that as against the petitioner, the respondent police registered a case in Crime No.831 of 2021 on 21.03.2021, for the offence under Sections 3(1), 3(2) (a), 4(2) ( c) and 6(1) (b) of Immoral Traffic (Prevention) Act, 1956 and hence, this Court is not inclined to grant the prayer sought for by the petitioner. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar dna To

1. The Superintendent of Police Tiruppur, Tiruppur District.

2. The Inspector of Police Anuppurpalayam Police Station Tiruppur District.

3. The Public Prosecutor, High Court, Madras.

W.P.No.17737 of 2021 and WMP.No.18910 of 2021 NR(CO) RLP(27/09/2021) https://hcservices.ecourts.gov.in/hcservices/