K.Jenifer, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.09.2016

CORAM

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM WP.No.33681 of 2016 & WMP No.29064 of 2016 K. Jenifer ..Petitioner in both petitions Vs

1. The Commissioner of Police, The greater Chennai Police, Vepery, Chennai.

2. The Inspector of Police, Madipakkam Police Station, Chennai.

.. Respondents in both cases Writ petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus or order or direction in the nature of writ forbearing the respondents or their men or agents from interfering with the peaceful conduct of business i.e. Cross message in the name and style of "PEARL GREEN SALON & SPA" at G.K.Complex, Near latha super market, Chennai. For Petitioner :

Mr.Veerapandian For Respondents :

Mr.C.Rangarajan, Government Pleader

ORDER

Heard V.veerapandian, learned counsel appearing for the petitioner and Mr.C.C.Rangarajan, learned Government Advocate accepting notice for the respondents and with the consent on either side, the writ petition is taken up for final disposal. 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. The petitioner submitted a representation to the respondents on 20.08.2016 and the same is still pending. The 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 Police, Chennait City reported in 2015 1 MLJ 308 and following the said decision a writ petition filed by M/s. Royal Health Spa https://hcservices.ecourts.gov.in/hcservices/

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. In the light of the above facts and circumstances, this Court directs the respondents to consider and dispose of the petitioner's representation dated 20.08.

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.

1. The Commissioner of Police, The greater Chennai Police, Vepery, Chennai.

2. The Inspector of Police, Madipakkam Police Station, Chennai.

+1 cc to the Government Pleader sr 55429 +1 cc to M/s.V.Veerapandian and N.Edwin Jayakumar Advocte sr55136 W.P.NO.33681 of 2016 aa21/10/2016 https://hcservices.ecourts.gov.in/hcservices/