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Madras High CourtCRL OP/17579/2019disposed of

C.Staniya Chacko v. The Commissioner Of Police,

2019-07-19Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.17579 of 2019 C.Staniya Chacko

...Petitioner

Vs.

1.The Commissioner of Police, 62, Old Post Office Road, Near Railway Station, Gopalapuram, Coimbatore.

2.State Rep. by The Inspector of Police, Rathinapuri Police Station, Coimbatore District.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the 2nd respondent to issue an "No Objection Certificate" to the petitioner in order to enable the petitioner to get the License in accordance with the Official Gazette Notification 252, dated 16.07.2018 and also forbear the 2nd respondent not to unduly interfere with the peaceful conduct of the business i.e., the Cross Massage of "SENCES SPA CROSS MASSAGE" at No.14 A, Manasarovar, P.M.Samy Colony, Indra Nagar, Rathinapuri, Coimbatore - 641 027. For Petitioner : Mr.M.Guruprasad For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to to direct the 2nd respondent to issue an "No Objection Certificate" to the petitioner in order to enable the petitioner to get the License in accordance with the Official Gazette Notification 252, dated 16.07.2018 and also forbear the 2nd respondent not to unduly interfere with the peaceful conduct of the business i.e., the Cross Massage of "SENCES SPA CROSS MASSAGE" at No.14 A,

Manasarovar, P.M.Samy Colony, Indra Nagar, Rathinapuri, Coimbatore - 641 027.

2. The learned Additional Public Prosecutor on instructions submitted that the petitioner is already running a SPA and the police are under the impression that already No Objection was given by the police. If the petitioner has not obtained any "No Objection Certificate", the petitioner can be directed to approach the second respondent and the second respondent will consider the grant of "No Objection Certificate" to the petitioner.

3. Recording the submission of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of with a direction to the petitioner to make a representation to the second respondent seeking for "No Objection Certificate" for running the business and the second respondent on receipt of the representation shall consider the same and issue "No Objection Certificate" if he satisfies all the requirements. In the event of "No Objection Certificate" is granted, the respondent police shall not, thereafter interfere with the business of the petitioner, until it is run in accordance with law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Commissioner of Police, 62, Old Post Office Road, Near Railway Station, Gopalapuram, Coimbatore.

2.The Inspector of Police, Rathinapuri Police Station, Coimbatore District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Guruprasad, Advocate sr.62114 CRL.O.P No.17579 of 2019 rp(co) nr 23/07/2019