M/S.Taksuu Bali Spa Pvt. Ltd., v. The State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 26.09.2016
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.33673 of 2016 & W.M.P.No.29058 of 2016 M/s. Taksuu Bali Spa Pvt Ltd., Rep by its partner Mr.Thangavelu Muruganantham No.114/130, Venkatasamy Road RS Puram Coimbatore .. Petitioner Vs 1.The State Rep. by its Director General of Police Santhome Chennai-600 004 2.The Commissioner of Police Coimbatore District Coimbatore .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, forbearing the respondents, their men, subordinates or anyone acting on their behalf from in any manner interfering with the petitioner's peaceful and lawful business of the Taksuu Bali Spa Private Limited except by due process of law. For Petitioner : Mr.A.P.Sathyamurthy For Respondents : Mr.A.N.Thambidurai, Spl.G.P.
O R D E R
In this writ petition, petitioner seeks a writ of mandamus to forbear the respondents, from interfering with the petitioner's peaceful and lawful business of running a Spa.
2. Petitioner submitted a representation to the respondents on 08.08.2016 and the same is still pending. Learned counsel for petitioner would place reliance on earlier orders passed by this Court and in particular in the case of Masti Health and Beauty Private Limited vs. Commissioner of https://hcservices.ecourts.gov.in/hcservices/
Police, Chennait City reported in 2015 1 MLJ 308 and following the said decision a writ petition filed by M/s. Royal Health Spa vs. Director General of Police in W.P.No.25841 of 2016 dated 25.07.2016 was disposed of by directing the authorities to consider the representation and pass orders and communicate the same to the petitioner making it clear that under the guise of carrying on business the petitioner should not indulge in any immoral or illegal activity detrimental to law and order or public interest. Therefore, this Court is also inclined to dispose of the writ petition on similar lines.
3. In the light of the above facts and circumstances, this Court directs the respondents to consider and dispose of the petitioner's representation dated 08.08.2016 in accordance with law after taking note of the guidelines given in the above said order and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. It is also made clear that the petitioner under the guise of carrying on business, shall not indulge in any immoral or illegal activity detrimental to law and order or public interest and in that even, it is open to the respondents to take appropriate action in accordance with law against the violators concerned. The writ petition is disposed of accordingly. No costs. Connected miscellaneous petition is closed.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The General of Police Santhome Chennai-600 004 2.The Commissioner of Police Coimbatore District Coimbatore +1cc to Mr.A.P.Sathyamurthy, Advocate, S.R.No.54804 (CO)svi Cp(21/10/2016) W.P.No.33673 of 2016 https://hcservices.ecourts.gov.in/hcservices/