D.N.Sarath v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2022
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA D.N.Sarath ...
Petitioner versus 1.The Superintendent of Police, Dharmapuri, Dharmapuri District.
2.The Inspector of Police, Hogenakkal Police Station, Dharmapuri District.
...
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, praying 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 "Win Ayurvedic Centre", at D.K.Pennagaram Koothapadi Village, Dharmapuri District, by passing orders on his representation dated 14.11.2022. For Petitioner : Mr.Leonard Vasanth For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side) 1/4
O R D E R
This Writ Petition has been filed seeking for a mandamus to direct the first respondent to issue 'No Objection Certificate' to the petitioner to run 'Spa' in the name and style of "Win Ayurvedic Centre", at D.K.Pennagaram Koothapadi Village, Dharmapuri District, by considering his representation dated 14.11.2022.
2.
The petitioner is carrying on his business in the name and style of 'Win Ayurvedic Centre' in the aforesaid address; qualified and trained therapists are working in the petitioner's Spa; he has applied for license before the first respondent on 10.03.2022 and the same is pending; in this regard, he has sent a representation dated 14.11.2022 to the respondents but the same has not been considered so far and hence, the present writ petition has been filed.
3.
The learned Government Advocate (Crl.Side) appearing for the respondents submitted that so far the alleged representation of the petitioner was not reached to the first respondent. 2/4
4.
It is learnt that the petitioner had sent a representation through post and that was not yet received by the first respondent. So the petitioner is at liberty to give a fresh representation by making his appearance in person. On receipt of such representation, the first respondent is directed to consider the same and accommodate the petitioner to run his 'spa'. So long as the petitioner conducts any business in accordance with the license to be issued to him, the respondents shall not interfere and cause any disturbance to the routine business activities of the petitioner. However, if the petitioner takes advantage of this license and attempts to involve himself in any other illegal activities in the premises, then the respondents are bound to take appropriate action.
5.
With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
24.11.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri 3/4
R.N.MANJULA , J.
sri To 1.The Superintendent of Police, Dharmapuri, Dharmapuri District.
2.The Inspector of Police, Hogenakkal Police Station, Dharmapuri District.
3.The Public Prosecutor, Madras High Court, Chennai.
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