Rajanmol T.P v. The Superintendent Of Police
2024:MHC:5890
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18-01-2024
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And WMP No.20375 of 2020 Rajanimol T.P.
.. Petitioner -vs1.The Superintendent of Police, Coimbatore-641 402.
2.The Inspector of Police, Sulur Police Station, Coimbatore, Tamil Nadu-641 018.
.. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents or their men, agents from interfering with the peaceful conduct of business
i.e., cross massage in the name and style of 'M/s.KERALEEYAM AYURVEDIC TREATMENT CENTRE' was situated at Door No.15/50, Trichy Main Road, Chinthamaniputhur, Sulur Taluk, Coimbatore-641 103. For Petitioner :
Ms.K.Annamma For Respondents :
Mr.V.Meganathan, Government Advocate (Criminal Side).
O R D E R
The present writ on hand has been filed to forbear the respondents or their men, agents from interfering with the peaceful conduct of business i.e., cross massage in the name and style of 'M/s.KERALEEYAM AYURVEDIC TREATMENT CENTRE' was situated at Door No.15/50, Trichy Main Road, Chinthamaniputhur, Sulur Taluk, Coimbatore-641 103.
2. The learned counsel for the petitioner Ms.K.Annamma would
submit that the petitioner is running Ayurvedic Treatment Centre in a legal manner and the respondent-police is interfering with the petitioner's peaceful conduct of business/trade in the particular locality. Due to unnecessary intervention by the respondent-police, the petitioner is not in a position to run the said Ayurvedic Treatment Centre in peaceful manner. Thus, the petitioner is constrained to move the present writ proceedings.
3. The learned Government Advocate (Criminal Side) appearing on behalf of respondents would oppose by stating that large scale allegations are raised against these kinds of Ayurvedic Massage Centres and therefore, the Police Authorities are bound to conduct periodical inspections and in the event of identifying any illegalities or offences, actions are to be initiated by registering cases under the relevant provisions of law.
4. Mr.Madhaiyan, Inspector of Police, Sulur Police Station, Coimbatore, appeared through Video Conferencing, made a submission that on receipt of any informations/complaints, suitable actions are initiated to find out, whether there is any commission of offences or illegalities by such Massage Centres, Clubs etc.
5. The relief as such sought for in the present writ proceedings to forbear the respondents from interfering with the petitioner's peaceful running of the business, cannot be granted. In the event of granting any such order, the same would be detrimental to the public interest. The Authorities may not be in position to initiate action, even in case of any information regarding commission of illegalities or offences. Therefore, such relief to forbear the Police Authorities from exercising their lawful powers conferred cannot be granted.
6. Per contra, the Police Authorities are bound to conduct inspections in the manner contemplated and by following the procedures. In the event of identifying any offences or illegalities, appropriate actions are to be initiated in the manner known to law.
7. There are large scale allegations in the public domain about these kinds of Massage Centres and Clubs and conducting illegal businesses/tradings and several such allegations are frequently raised. Thus the first respondent-Superintendent of Police is directed to issue necessary
instructions to the Police Authorities to conduct periodical inspections. If any such offences or illegalities are identified, suitable actions are to be initiated immediately.
8. With the above directions, the present writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is also dismissed. 18-01-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn To 1.The Superintendent of Police, Coimbatore-641 402.
2.The Inspector of Police, Sulur Police Station, Coimbatore, Tamil Nadu-641 018.
S.M.SUBRAMANIAM, J.
Svn
WP 16288 of 2020 18-01-2024