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Madras High CourtWP/31038/2025disposed of

S.Vadivalagan v. The Commissioner

2025-08-19Honourable Mrs.Justice N. Mala8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA

1. S.Vadivalagan S/o. Mr. Subramani , Proprietor, M/s.

Vidsan Park Unisex Saloon And Spa, No.44/01 (plot No.2, 3, And 11) Sarathy Nagar, Velacherry, Chennai600 042 Petitioner(s) Vs

1. The Commissioner Greater Chenani Corporation, Ripon Buildings, Chennai-600 003 2.The City Revenue Officer Greater Chennai Corporation, Ripon Buildings, Chennai-600 003 3.The Zonal Health Officer Zone-13, Greater Chennai Corporation, No.31, Thiruvengadam Street, Baktavatsalam Nagar, Kasturibai Nagar, Adyar, Chennai-600 020

4.The District Officer Fire And Rescue Services Department, Chennai South District, Ashok Pillar Main Road, Jaffarkhanpet, Ashok Nagar, Chennai-600 083 5.The Commissioner Of Police Greater Chennai Police, Poonamallee High Road, Vepery, Chennai-600 007 6.The Inspector Of Police J7 Velacherry Police Station, Velacherry, Chennai-600 042 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st Respondent to grant trade license for running a Spa under the name and Style of M/s. Vidsan Park Unisex Saloon and Spa, in the premises at No.44/1, Second Floor, Sarathy Nagar Main road, Velacherry, Chennai-600 042, to petitioner by directing the respondents 5 and 6 to issue No Objection Certificate pursuant to his application dated 01.10.2024 For Petitioner(s):

Mr.S.Magimai Raj For Respondent(s):

Mrs.P.T.Ramadevi, St.C. For R1 To R3 Mr.M.Shajakhan, Sgp For R4 Dr.C.E.Pratap, Ga (crl.Side) For R5 And R6

ORDER

(1)Mrs.P.T.Ramadevi, learned Standing counsel accepts notice on behalf of the respondents 1 to 3. Mr.M.Shajakhan, learned Special Government Pleader accepts notice on behalf of the 4 th respondent. Dr.C.E.Pratap, learned Government Advocate [Crl.Side] accepts notice on behalf of the respondents 5 and 6.

(2)With the consent of the learned counsels on either side, the main writ petition itself is taken up for final disposal.

(3)The writ petition is filed for a mandamus directing the 1 st respondent to grant Trade License for running a Spa under the name and style of ''M/s.Vidsan Park Unisex Saloon and Spa'', to the petitioner by directing the respondents 5 and 6 to issue No Objection Certificate, by considering the petitioner's application dated 01.10.2024.

(4)The petitioner states that he is doing business under the name and style of ''M/s.Vidsan Park Unisex Saloon and Spa'' at No.44/1, Second Floor, Sarathy Nagar Main Road, Velacherry, Chennai 600 042. The petitioner states that he entered into a Rental Agreement on 25.03.2024, with one Mr.M.Srinivasan,

the owner of the aforesaid premises for running the aforesaid Spa for a period of two years. The petitioner states that he applied for the Trade License to the st respondent on 01.10.2024, along with the supporting documents. The petitioner further states that the lessor/owner of the premises issued a No Objection Letter on 25.03.2024 and based on the said letter, Trade License was granted by the 4 th respondent on 08.05.2025 for running the Saloon and Spa. The petitioner states that on receipt of the petitioner's application for grant of Trade License for Saloon and Spa with a partition/bathing facility, the 2 nd respondent addressed a letter to the 3 rd respondent, on 25.10.2024 and thereafter, the 3 rd respondent, on 26.05.

2025, issued a No Objection Certificate for Hair Cutting Saloon / Beauty Parlour/Spa or Massage Parlour, at the aforesaid premises. The petitioner further states that even the 4 th respondent issued No Objection Certificate, on 08.05.2025. The petitioner states that the 5 th respondent, without any justifiable cause, is holding up the petitioner's application, for No Objection Certificate. The petitioner states that despite several requests, the 5 th respondent and the 6 th respondent, for reasons best known to them, have kept his application pending.

petitioner therefore left with no other remedy, filed the above writ petition for the aforesaid prayer.

(5)Heard the learned counsels on either side and perused the materials placed on record.

(6)The facts of the case are not disputed. Admittedly, the petitioner's application dated 01.10.2024, for No Objection Certificate of the respondents 5 and 6, is pending for the past ten months, despite the respondents 3 and 4 having issued No Objection Certificate. Under the circumstances, this Court is inclined to direct the respondents 5 and 6 to consider the petitioner's request for grant of NOC in the light of the NOC granted by the 3 rd and 4 th respondents and if the petitioner is found eligible, to grant the same within a period of four weeks from the date of receipt of a copy of this order. Irrespective of the decision of the 5 th and 6 th respondents, the 1 st respondent is directed to dispose of the petitioner's application dated 01.10.2024, for grant of Trade License on merits and in accordance with law, within a period of four weeks from the date of decision of the 5 th and 6 th respondents.

(7)The writ petition is disposed of with the above direction. No costs.

Consequently, connected miscellaneous petition is closed. 19-08-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Commissioner Greater Chenani Corporation, Ripon Buildings, Chennai-600 003 2.The City Revenue Officer Greater Chennai Corporation, Ripon Buildings, Chennai-600 003 3.The Zonal Health Officer Zone-13, Greater Chennai Corporation, No.31, Thiruvengadam Street, Baktavatsalam Nagar, Kasturibai Nagar, Adyar, Chennai-600 020 4.The District Officer Fire And Rescue Services Department, Chennai South District, Ashok Pillar Main Road, Jaffarkhanpet, Ashok Nagar, Chennai-600 083

5.The Commissioner Of Police Greater Chennai Police, Poonamallee High Road, Vepery, Chennai-600 007 6.The Inspector Of Police J7 Velacherry Police Station, Velacherry, Chennai-600 042

N.MALA J.

AP 19-08-2025