Spn Hotels Pvt Ltd v. The Commissioner Of Police-Chennai City
2025:MHC:1158
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.No.19536 of 2025 M/s.SPN Hotels Pvt Ltd Represented by its Director Mrs.K.Deivasena No.29 Thirumalai Pillai Road, T.Nagar Town Mambalam Taluk, Chennai 600 017.
... Petitioner Vs.
1.The Commissioner of Police-Chennai City EVK Sampath Road, Vepery, Periyamet, Chennai 600 007.
2.The Assistant Commissioner of Police (Teynampet Range) Chennai 600 006.
3.The Inspector of Police E-3 Teynampet Police Station, Chennai 600 006.
... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, forbearing the respondents from interfering in the running of the Restaurant Cum Bar premise 1/5
namely "CHAPTR" along with Herbal Hookah services (without any content or trace of Tobacco and Nicotine) at No.29 Thirumalai Pillai Road, T.Nagar Town Mambalam Taluk, Chennai 600 017. For Petitioners : Ms.S.Shanmitha For Respondents : Mr.K.M.D.Muhilan, Additional Public Prosecutor
ORDER
This writ petition has been filed seeking to forbear the respondents from interfering in the running of the Restaurant Cum Bar premise namely "CHAPTR" along with Herbal Hookah services (without any content or trace of Tobacco and Nicotine) at No.29 Thirumalai Pillai Road, T.Nagar Town Mambalam Taluk, Chennai 600 017.
2. The learned Senior Counsel appearing for the petitioner submitted that the petitioner is ready to give an undertaking that he will allot a separate smoking area for serving of Herbal Hookah Services (without any content or trace of Tobacco and Nicotine) in his business premises.
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3. Per contra, the learned Government Advocate appearing for the respondents submitted that even if they provide separate smoking space, the permission under the Department of Food Safety is mandated.
4. In view of the said submission made by either parties, there shall be a direction to the petitioner forthwith to make an application before the Department of Food Safety and obtain an appropriate permission for providing Herbal Hookah Services (without any content or trace of Tobacco and Nicotine). The petitioner shall also give an undertaking letter before the respondent police to have separate smoking area for serving Herbal Hookah Services (without any content or trace of Tobacco and Nicotine). On receipt of the said undertaking, the respondent police are directed not to interfere with the business premises of the petitioner after getting permission by the Department of Food Safety.
5. It is made clear that the petitioner will strictly adhere the undertaking and will not violate it by taking advantage of the order passed by this Court. I also further make it clear that it will not prevent 3/5
the respondent police for making the periodical inspection as to whether the undertaking is followed by the petitioner.
6. With the above directions, the writ petition stands disposed of . No costs. Consequently, connected miscellaneous petition is closed. 08.05.2025 Index : Yes/No rna To 1.The Commissioner of Police-Chennai City EVK Sampath Road, Vepery, Periyamet, Chennai 600 007.
2.The Assistant Commissioner of Police (Teynampet Range) Chennai 600 006.
3.The Inspector of Police E-3 Teynampet Police Station, Chennai 600 006.
4.The Public Prosecutor, High Court of Madras, Chennai.
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L.VICTORIA GOWRI,J.
rna and W.M.P.No.19536 of 2025 08.05.2025 5/5