Madras High CourtCRL OP/27420/2022closed

Durai @ Tamilselvan v. State Rep By The Inspector Of Police

2022-11-14Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2022 Coram The HONOURABLE Ms. JUSTICE R.N.MANJULA R.Munisekar .. Petitioner Vs.

1. The Commissioner of Police, City Police Commissioner Office, Sirupooluvapatti, Tiruppur-641687.

2.The Inspector of Police, 15, Velampalayam Police Station, Tiruppur -641 652.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to issue a 'No objection certificate' to run the business of Massage Parlour, SPA, Beauty Parlour in the name and style of " GLOW AND WISH SALON AND SPA" at 3/1, 1st Floor, Suriya Nagar, Chettipalayam post, Thirumuruganpoondi, Tirupur-641652, by passing order on the petitioner's representation dated 14.09.2022. For Petitioner :

Mr. Shankar For Respondents :

Mr. E.Raj Thilak Additional Public Prosecutor

ORDER

This writ petition has been filed for the issuance of a writ of mandamus to direct the respondents to issue 'No Objection Certificate' to run the business of Massage Parlour, SPA, Beauty Parlour in the name and style of 'GLOW AND WISH SALON AND SPA' at 3/1, 1st Floor, Suriya Nagar, Chettipalayam Post, Thirumuruganpoondi, Tirupur 641652, by passing order on the petitioner's representation dated 14.09.2022.

2. Heard the submissions made on either side learned counsel and perused the materials available on record.

3. The learned counsel for the petitioner submitted that the petitioner is about to establish a SPA a business in the name and style of 'GLOW AND WISH SALON AND SPA' at 3/1, 1st Floor, Suriya Nagar, Chettipalayam Post, Thirumuruganpoondi, Tirupur; only after 'No Objection Certificate' is given by the 2nd respondent, it is possible for the petitioner to obtain the required license for establishing his business; a representation in this regard has been given as early as on 21.9.2021 and so far it was not considered.

4. The learned Additional Public Prosecutor for the respondents submitted

that if the petitioner come and appear in person and give a fresh representation, it will be taken up for enquiry and can be disposed of in accordance with law.

5. Since the 2nd respondent has stated that he did not receive representation of the petitioner dated 14.09.2022, the petitioner is at liberty to give a fresh representation to the 2nd respondent. On receipt of such representation, the 2nd representation shall make due enquiry and do the needful on merits and in accordance with law, within a period of two weeks thereafter. With the above observation, this Writ Petition is disposed of. No costs. 11.11.2022 Index: Yes/No Speaking order / Non-speaking order jrs

R.N.MANJULA, J., jrs To:

The Commissioner of Police, City Police Commissioner Office, Sirupooluvapatti, Tiruppur-641687.

2.The Inspector of Police, 15, Velampalayam Police Station, Tiruppur -641 652.

3. The Public Prosecutor, Madras High Court.

11.11.2022