M.Anitha, v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 07.11.2016
CORAM
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.36913 of 2016 M.Anitha .. Petitioner Vs.
1.The Superintendent of Police, Erode District.
2.The Inspector of Police, Erode Taluk Police Station, Erode, Erode District.
.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents and his subordinates from any manner interfering or disturbing with the day to day lawful affairs of the petitioner's lawful business of Ayurvedic treatment in the name and style of Kerala Ayurshri Ayurvedic Clinic at No.22, Balaji Arcade Phase-II, Thindal, Erode, as held in M/s.Mastri Health and Beauty care by considering petitioner representation dated 26.08.2016 and 20.09.2016 to the respondents. For Petitioner : Mr.R.Prabakar For Respondents : Mr.Digvijaypandian Additional Government Pleader
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus, to forbear the respondents and his subordinates from interfering with the petitioner's lawful business in the name and style of "Kerala Ayurshri Ayurvedic Clinic" at No.22, Balaji Arcade Phase-II, Thindal, Erode, as held in M/s.Mastri Health and Beauty Care, by considering her representations dated 26.08.2016 and 20.09.2016 to the respondents. 2.The petitioner is running a business under the name and style of "Kerala Ayurshri Ayurvedic Clinic" at No.22, Balaji Arcade Phase-II, Thindal, Erode, as held in M/s.Mastri Health and Beauty Care and she was also issued with a trade license to run the said business. Further, she has completed the course of Diploma in Ayurveda Massage and Panchakarma conducted by the Angels Community Training College, Bangalore and the Certificate has been issued by the Indian Council for Professional Education
Mission. The grievance expressed by the petitioner is that she is running the Ayurveda Massage Centre by practising Kerala Traditional method of Ayurveda and therefore, there is no scope for any illegal things to happen and despite that the respondents have interfered with the business activities of the petitioner and in this regard, she has also submitted representations dated 26.08.2016 and 20.09.2016 to the respondents but till date no action has been taken and hence, the Writ Petition has been filed.
3.Mr.R.Prabakar, learned counsel for the petitioner would submit that the petitioner would be satisfied, if her representations are directed to be considered and appropriate orders are passed as expeditiously as possible. 4.Mr.Digvijaypandian, learned Additional Government Pleader for the respondents submitted that the petitioner has given a false address in the Writ Petition, as she is not living in that address. He further submitted that the house owner has stated that earlier the petitioner stayed in that address and now, without getting the advance amount, she left the house. 5.The petitioner has given a false address in the Writ Petition and the house owner has categorically stated that without even getting the advance amount, she left that address.
Further, a person living in that address himself has given statement that the petitioner is not living in that house. Therefore, a person, who is not made available in the address cannot be allowed to get an order from this Court. They have to come with clean hands. Now, it is verified that the address given in the petition is wrong. Hence, such petition cannot be entertained.
6.The Writ Petition is dismissed accordingly. No costs. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police, Erode District.
2.The Inspector of Police, Erode Taluk Police Station, Erode, Erode District.
+1 cc to M/s.R.prakash,advocate,sr.63540 +1 cc to Govt.Pleader,sr.63934.
sm(cO0 krd 19/12 W.P. No.36913 of 2016