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Madras High CourtCRL OP/11594/2026granted

Dj Leisure Ventures Stay Llp v. The Assistant Commissioner Of Police (Neelankarai Range)

2026-05-06Honourable Mrs.Justice L.Victoria Gowri5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI DJ Leisure Ventures Stay LLP Represented by General Manager Mr.Satheesh.A No.4/364 A, Anna Salai Palavakkam, Chennai 600 041.

..Petitioner(s) Vs 1.The Assistant Commissioner of Police (Neelankarai Road) Neelankarai Chennai 600 115.

2.The Inspector of Police J-8, Neelankarai Police Station Chennai 600 115.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 528 of BNSS Act, to direct the respondents not to harass the petitioner and their staff in relation to the running of their restaurant cum bar in the resort premise namely "Green Medows Resort" along with Herbalj Hookah services (without any content or tract of Tobacco and Nicotine) at No.4/364, A, Anna Salai, Palavakkam, Chennai 600 041.

For Petitioner(s):

Ms.S.Shanmitha For Respondent(s):

Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents not to harass the petitioner and their staff in relation to the running of their restaurant cum bar in the resort premise namely "Green Medows Resort" along with Herbalj Hookah services (without any content or tract of Tobacco and Nicotine) at No.4/364, A, Anna Salai, Palavakkam, Chennai 600 041.

2. The learned 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.

3. Per contra, the learned Additional Public Prosecutor 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 the respondent police for making the periodical inspection as to whether the undertaking is followed by the petitioner.

6. With the above directions, this Criminal Original Petition stands disposed of.

06.05.2026 dna/av

To 1.The Assistant Commissioner of Police (Neelankarai Road) Neelankarai Chennai 600 115.

2.The Inspector of Police J-8, Neelankarai Police Station Chennai 600 115.

3.The Public Prosecutor, High Court of Madras.

L.VICTORIA GOWRI , J.

dna/av CRL.OP.No.11594 of 2026 06.05.2026