Green Unisex Saloon And Spa v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Green Unisex Saloon and SPA, Represented by its Proprietor, Mr.Kantilal Chaudhary, S/o.Karjanbhai.

...Petitioner

Vs 1.The State of Tamilnadu, Rep by its Secretary, Home Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police (L&O), Salem City, Salem.

3.The Inspector of Police, (L&O), Fairlands Police Station, Sarada College Rd, New Fairlands, Alagapuram, Periyaputhur, Salem - 636 016.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the 3rd respondent 1/5

their men and agents from any way interfering with the petitioner's business of running traditional Health Spa & Ayurveda Massage Center in the name and style of Green Unisex Saloon and SPA at No.1/191/5 in Second Floor, measuring about 1280 Sq.ft., situated at Kandaswarna Mega Mal, Opp Saradha College Road, Salem 636 016 and consequently direct the 2nd respondent to issue a No Objection Certificate to the petitioner to run a "SPA" i.e., cross massage in the name and style of "Green Unisex Saloon and SPA at No.1/191/5 in Second Floor, measuring about 1280 Sqft., situated at Kandaswarna Mega Mal, Opp Saradha College Road, Salem 636 016 by passing orders on the petitioner's representation dated 18.02.2023.

For Petitioner : Mr.M.Gnanasekar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor *****

O R D E R

This writ petition has been filed seeking for a direction to the 2nd respondent to grant No Objection Certificate to the petitioner to enable the petitioner to run the SPA based on the representation dated 18.02.2023.

2. Heard Mr.M.Gnanasekar, learned counsel for petitioner and 2/5

Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents.

3. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the 2nd respondent to deal with the representation made by the petitioner dated 18.02.2023 on its own merits and in accordance with law and in line with the relevant Government Order/circulars and a decision shall be taken within a period of two (2) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs. 11.07.2023 Index : Yes/No Speaking order:Yes/No rka To 3/5

1.The State of Tamilnadu, Rep by its Secretary, Home Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police (L&O), Salem City, Salem.

3.The Inspector of Police, (L&O), Fairlands Police Station, Sarada College Rd, New Fairlands, Alagapuram, Periyaputhur, Salem - 636 016.

4. The Public prosecutor, High Court, Madras N.ANAND VENKATESH, J 4/5

rka 11.07.2023 5/5