K.Mohammed Riyaz v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W. P. No.39331/2016 & WMP.No.33657/2016 K.Mohammed Riyaz .. Petitioner - Vs - 1.The Commissioner of Police Coimbatore City Police Coimbatore.

2. The Inspector of Police, B5 Peelamedu Police Station Coimbatore.

.. Respondents Prayer:- Writ petition filed under Section 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents or their men, agents from interfering with the peaceful conduct of business i.e., cross massage in the name and style of "Selfie Unisex Salon & SPA" at No.56/2, Bharathi Stret, B.R.Puram, Peelamedu, Coimbatore District. For Petitioner : Mr.V.Veerapandian For Respondents : Mr.P.Senthilvel, GA

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents and with the consent on either side, the writ petition is taken up for final disposal.

The petitioner's case is that she is carrying on business in the name and style of "Selfie Unisex Salon & SPA" at No.56/2, Bharathi Stret, B.R.Puram, Peelamedu, Coimbatore District, for the past six months and the petitioner is running the centre following the principle of massage in Ayurveda in Kerala Traditional Treatment which cures many illness in the body including the nervous disorder with qualified and trained therapists. There is no law regulating these kind of business https://hcservices.ecourts.gov.in/hcservices/

under any of the provisions of the City Police Act. While so, the respondent officials are interfering with the business of the petitioner and they are threatening the petitioner to close the business of the petitioner. Hence, the petitioner has come forward with the present Writ Petition.

The learned Government Advocate has filed a report on behalf of the 2nd respondent stating that the petitioner has not obtained any valid license for running the said centre and that the petitioner has got one previous case in FIR No.1034/2016 registered on 08.11.2016 for the commission of the alleged offence u/s.4[2][c] of the Immoral Traffic [Prevention] Act, 1956. He has also produced a copy of the said First Information Report before this Court.

In such view of the matter, the prayer as sought for by the petitioner cannot be granted. Hence, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar AP To 1.The Commissioner of Police Coimbatore City Police Coimbatore.

2. The Inspector of Police, B5 Peelamedu Police Station Coimbatore.

+1cc to the Government Pleader Sr.69184 W.P.No.39331/2016 sr[co] srg 21/12/2016 https://hcservices.ecourts.gov.in/hcservices/