Mohith Vimal Kumar v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.28395 of 2023 and W.M.P.No.27948 of 2023 Mr.Mohith Vimal Kumar
...Petitioner
Vs.
1.The Commissioner of Police, Chennai City, Chennai - 600 007.
2.The Deputy Commissioner of Police, (T-Nagar Range), Chennai.
3.The Assitant Commissioner of Police, (Teynampet Range), Chennai.
4.The Inspector of Police, E-3, Teynampet Police Station, Chennai.
...Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondent from interfering in relation to the running of their restaurant premise namely "LATTE" along with Herbal Hookah 1/6
services (without any content or trace of Tobacco and Nicotine) at Old No.33 New No.4 Ganapathy Colony, 3rd Street, Teynampet, Chennai - 600 018. For Petitioner : Mr.C.Vidhusan For Respondents : Mr.A.Damodaran Additional Public Prosecutor
ORDER
This writ petition has been filed for the issue of writ of Mandamus forbearing the respondents from interfering with the business of the petitioner carried in the name of "LATTE".
2.The learned Senior counsel appearing on behalf of the petitioner submitted that the respondent police do not have any authority to interfere with the business and close down the restaurant. The learned counsel submitted that the restaurant has been closed from 24.08.2023 and that the petitioner has been put to irreparable loss and hardship.
3.The learned Additional Public Prosecutor on instructions submitted that the petitioner is running a restaurant with a separate smoking area for serving herbal flavored hookah. However, there was a complaint that the hookah also contained 2/6
tobacco / nicotine and therefore, an inspection was made. The learned Additional Public Prosecutor submitted that if the petitioner continues to have the smoking area only for serving herbal flavored hookah, the respondent police will not interfere with the running of the business. The learned Additional Public Prosecutor submitted that the petitioner must give a specific undertaking that they will not permit the smoking of hookah apart from the herbal flavored hookah. 4.The learned counsel appearing on behalf of the petitioner submitted that such an undertaking has already been given in the affidavit filed in support of the writ petition at Paragraph No.20. It was further submitted that the petitioner is willing to give one more undertaking before the 4th respondent that they will use the smoking area only for serving herbal flavored hookah without any content or trace of tobacco / nicotine.
5.In the light of the above submissions, there shall be a direction to the petitioner to give an undertaking letter before the 4th respondent, to have a separate smoking area for serving herbal flavored hookah without any content or trace of Tobacco / nicotine. On receipt of the undertaking, the respondents are directed not 3/6
to interfere with the business of the petitioner. It is made clear that the petitioner will strictly adhere to the undertaking and will not violate it by taking advantage of the order passed in this writ petition.
6.This writ petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petitions are closed. 27.09.2023 Speaking Order : Yes/No (1/2) Index : Yes/No Internet : Yes/No ssr To 1.The Commissioner of Police, Chennai City, Chennai - 600 007.
2.The Deputy Commissioner of Police, (T-Nagar Range), Chennai.
3.The Assitant Commissioner of Police, (Teynampet Range), Chennai.
4.The Inspector of Police, E-3, Teynampet Police Station, Chennai.
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5.The Public Prosecutor, High Court, Madras.
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N.ANAND VENKATESH,J ssr W.P.No.28395 of 2023 and W.M.P.No.27948 of 2023 27.09.2023 (1/2) 6/6