Srinivasan v. The Commissioner Of Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.22377 OF 2021 AND W.M.P.NO.23625 OF 2021 Srinivasan ... Petitioner -Vs1. The Commissioner of Corporation, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2. The Zonal Officer for 6th Zone, Greater Chennai Corporation Zonal Office, No.158, Strance Road, Otteri, Chennai - 600 012.

3. The Commissioner of Police, Greater Chennai City Police, Veppery, Chennai - 600 007.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned refusal order dated 07.07.2021 in Na.Ka.No.R1/598/2021 on the file of the 2nd respondent and quash the same, and direct the respondents to issue No Objection Certificate to the petitioner firm to carry on its business in the name and style of M/s.Flowers Family Saloon and Spa for Eg.Cross Spa massage centre at No.1A/14, Ramdoss Nagar, Red hills Road, Chennai-99 on the basis of peritioner's representation dated 19.08.2021. For Petitioner :

Mr.G.Anandaraj For Respondents :

Ms.P.T.Ramadevi Standing Counsel For R1 & R2 Mr.L.Baskaran Government Advocate for R3

O R D E R

This writ petition has been filed challenging the impugned proceedings of the 2nd respondent dated 07.07.2021, wherein the respondent Corporation has refused to grant license to the petitioner to run the Saloon and Spa on the ground that the Commissioner of Police has refused to grant No Objection Certificate to the petitioner.

2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents.

3. The running of Saloon and Spa is now specifically governed by a Government Order. The Government Order provides the procedure whereby, the petitioner has to obtain the necessary No Objection Certificate from the concerned authorities and one such authority is the Commissioner of Police, Chennai City. Only after obtaining the No Objection Certificate, the respondent Corporation can grant the license to run the Saloon and Spa. Admittedly, the Commissioner of Police has refused to grant the No Objection Certificate. Therefore, there is nothing wrong on the part of the respondent Corporation to have refused to grant the license.

4. If the petitioner is aggrieved by the non-granting of the No Objection Certificate by the Commissioner of Police, the petitioner has to necessarily challenge the same and only thereafter, he can approach the Corporation of Chennai seeking for license. Except giving this clarity, this Court does not find any ground to interfere with the impugned proceedings of the 2nd respondent.

5. Accordingly, this writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssr

To

1. The Commissioner of Corporation, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2. The Zonal Officer for 6th Zone, Greater Chennai Corporation Zonal Office, No.158, Strance Road, Otteri, Chennai - 600 012.

3. The Commissioner of Police, Greater Chennai City Police, Veppery, Chennai - 600 007.

+1cc to Ms.P.T.Ramadevi, Advocate, S.R.No.54334 W.P.NO.22377 OF 2021 AND W.M.P.NO.23625 OF 2021 AD(CO) PBS/11/11/2021