Madras High CourtWP/20174/2020disposed of

Manimaran v. The Superintendant Of Police

2021-01-04Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.20174 of 2020 and WMP No.24920 of 2020 Manimaran

...Petitioner

.Vs.

1. The Superintendent of Police Coimbatore District.

2. The Inspector of Police Vadavalli Police Station Coimbatore District.

...Respondents

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the second respondent to issue a No Objection Certificate to the petitioner to run a "SPA" i.e., cross massage in the name and style of "NEYA WELLNESS PARK & SPA" at No.46/15, Om Ganesh Nagar, 2nd Cross extension, West Vadavalli, Coimbatore - 641 041.

For petitioner ..

Mr.N.Edwin Jeyakumar For respondents ..

Mr.V.Shanmuga Sundar Special Government Pleader

ORDER

Mr.V.Shanmuga Sundar, learned Special Government Pleader takes notice for the respondents.

2. This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to issue No Objection Certificate to the petitioner to run a Spa i.e. cross massage in the name and style of "NEYA WELLNESS PARK & SPA" at No.46/15, Om Ganesh Nagar, 2nd Cross extension, West Vadavalli, Coimbatore - 641 041, based on the petitioner's representation dated 28.11.2020.

3. Heard Mr.N.Edwin Jeyakumar, learned counsel for the petitioner and Mr.V.Shanmuga Sundar, learned Special Government https://hcservices.ecourts.gov.in/hcservices/

Pleader appearing for the respondents.

4. Mr.V.Shanmuga Sundar, learned Special Government Pleader appearing for the respondents, on instructions, submits that unless and until the petitioner applies for Spa license in accordance with the specified format under the statute, the first respondent will not be able to process the same.

5. The learned counsel for the petitioner on instructions, would submit that the petitioner is willing to apply for Spa Licence in accordance with the specified format.

6. After recording the submissions made by the respective learned counsels, this Court directs the petitioner to apply for Spa License for his Spa at No.46/15, Om Ganesh Nagar, 2nd Cross extension, West Vadavalli, Coimbatore-641 041, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said application in the specified format, the first respondent shall consider the same on merits and in accordance with law, within a period of four weeks, thereafter. In the meanwhile, it is made clear that the respondents shall not disturb the petitioner's peaceful possession and enjoyment of his Spa.

With the aforesaid directions, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Asst.Registrar (CS III) /true copy/ Sub Asst. Registrar To

1. The Superintendent of Police Coimbatore District.

2. The Inspector of Police Vadavalli Police Station Coimbatore District.

W.P. No.20174 of 2020 rr ii (01/02/2021 https://hcservices.ecourts.gov.in/hcservices/