M.Moorthi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH M.Moorthi .. Petitioner

Versus

1. The Commissioner of Police,

2. The Inspector of Police, C1-Katoor Police Station, ..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned rejection order passed in Na.Ka.No.V4/57429/2022, dated 29.05.2023 by the 1st respondent and quash the same and consequently, direct the respondents to issue No Objection Certificate for running Spa and Parlour in the name and style of M/s.Jasmine Wellness Unisex Spa and Parlour at No.341, Hotel Mangala International, Ram Nagar, Coimbatore District to the petitioner. For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

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This Writ Petition has been filed challenging the order passed by the first respondent through proceedings, dated 29.05.2023 rejecting the application made by the petitioner seeking for No Objection Certificate for running the Spa and Parlour in the subject property.

2. Heard Mr.M.Vijaya Ragavan, learned Counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for the respondents.

3. On carefully going through the order passed by the first respondent, dated 29.05.2023, it is seen that the rejection was mainly on the ground that the petitioner had proposed to appoint only women in the Parlour. The learned Counsel for the petitioner submitted that the petitioner is willing to appoint both male and female workers for doing the massage and hence requested this Court to direct the first respondent to consider the fresh representation to be made by the petitioner.

4. In the light of the above stand taken by the learned Counsel of the petitioner, there is no need to interfere with the proceedings of the first 2/5

respondent, dated 29.05.2023. It will suffice if a direction is given to the petitioner to make a fresh representation / application to the first respondent seeking for No Objection Certificate and the same will be considered by the first respondent on its own merits and in accordance with law and a decision will be taken within a period of two weeks from the date of receipt of the representation / application given by the petitioner. It goes without saying that the petitioner will not operate the Spa / Parlour without getting the No Objection Certificate from the first respondent and without getting license from the concerned authority.

5. This Writ Petition is disposed off with the above directions. No costs.

11.09.2023 (1/2) Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Commissioner of Police, 3/5

2. The Inspector of Police, C1-Katoor Police Station,

3. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs 11.09.2023 (1/2) 5/5