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Madras High CourtWP/30572/2022disposed of

Sindhu Sunny v. The Commissioner Of Police

2022-11-17Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P.No.30572 of 2022 and WMP.No.29995 of 2022 Sindhu Sunny ... Petitioner Vs

1. The Commissioner of Police Coimbatore, Coimbatore District.

2. The Inspector of Police E3, Saravanampatti Police Station, Coimbatore District.

....

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to issue a No Objection Certificate to the petitioner to run a SPA i.e., cross relaxation massage in the name and style of "MANTRA AYURVEDIC HEALTH CARE & SPA" at door No.12, Marvel Parampoariam, Saravanampatti Road, Coimbatore, Coimbatore district 641 035, by passing 1/5

orders on the petitioner's representation dated 29.09.2022. For Petitioner : Mr.Leonard Vasanth For Respondents : Mr.S.Santhosh Govt.Advocate (Crl.side)

ORDER

This writ petition has been filed seeking for issuance of a Writ of Mandamus to direct the first respondent to issue a No Objection Certificate to the petitioner to run a SPA i.e., cross relaxation massage in the name and style of "MANTRA AYURVEDIC HEALTH CARE & SPA" at door No.12, Marvel Parampoariam, Saravanampatti Road, Coimbatore, Coimbatore district 641 035, by passing orders on the petitioner's representation dated 29.09.2022.

2. The case of the petitioner is that she is running a SPA Centre in cross massage in the name and style of "MANTRA AYURVEDIC HEALTH CARE & SPA" at door No.12, Marvel Parampoariam, Saravanampatti Road, Coimbatore, Coimbatore district 641 035, for the past one year without any complaint. However, the respondents police are frequently visiting her premises and pressurising her to shut down the business. The petitioner has not involved in any illegal or unlawful activity in the name of running SPA. On 29.09.2022, 2/5

the petitioner had given an application before the first and second respondents for issuance of no objection certificate. Pending application, the respondent cannot interfere in her business. Despite receiving the same, the respondents have not taken any necessary action to issue no objection certificate to run spa and no order has been passed so far. Hence the petitioner has filed the present writ petition.

3. The learned Counsel appearing for the petitioner submitted that the first respondent police may be directed to consider the petitioner's representation, dated 29.09.2022.

4. The learned Government Advocate (Crl.Side) submitted that the petitioner's representation is available with the first respondent and that the respondent police is ready to consider the petitioner's representation.

5. Recording the same, the first respondent police is directed to consider the representation of the petitioner dated 29.09.2022, on merits and in accordance with law, within a period of four weeks from the date of receipt of a 3/5

copy of this order.

6. With the above direction, this writ petition stands disposed of. No costs. Consequently connected miscellaneous petition is also closed. 17.11.2022 Internet:Yes Speaking/Non speaking order dpq To

1. The Commissioner of Police Coimbatore, Coimbatore District.

2. The Inspector of Police E3, Saravanampatti Police Station, Coimbatore District.

3. The Public Prosecutor, High Court of Madras.

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V. SIVAGNANAM, J.

dpq 17.11.2022 5/5