Madras High CourtWP/31234/2022disposed of

Mini v. The Commissioner Of Police

2022-11-23Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2022 Coram The HONOURABLE Ms. JUSTICE R.N.MANJULA and W.M.P. No.30675 of 2022 Mini .. Petitioner Vs.

1. The Commissioner of Police, Coimbatore, Coimbatore District.

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

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the first respondent to issue No objection Certificate to the petitioner to run a SPA i.e. cross relaxation massage in the name and style of "Feather Touch Spa" at Door No.37 A/10, Sathy Road, Sivaanthapuram Post, Saravanampatti, Coimbatore, Coimbatore District, by passing order on the petitioner's representation dated 12.11.2022. For Petitioner :

Mr. Leonard Vasanth For Respondents :

Mr. S.Santhosh Government Advocate (Crl.side)

ORDER

This writ petition has been filed for the issuance of a writ of mandamus directing the first respondent to issue No objection Certificate to the petitioner to run a SPA i.e. 'Cross relaxation massage' in the name and style of "Feather Touch Spa" at Door No.37 A/10, Sathy Road, Sivaanthapuram Post, Saravanampatti, Coimbatore, Coimbatore District, by passing order on the petitioner's representation dated 12.11.2022.

2. The learned counsel for the petitioner submitted that the petitioner had given a representation dated 12.11.2022 seeking 'No objection' to run a SPA in the name and style of "Feather Touch Spa" at at Door No.37 A/10, Sathy Road, Sivaanthapuram Post, Saravanampatti, Coimbatore, Coimbatore District; the said SPA is going to be involved in 'Cross relaxation massage' which is not prohibited by the Government issued Gazette Notification 252, dated 16.07.2018 as amended schedule VI of the Chennai City Municipal Corporation Act; this Court had also issued directions in similar such cases in W.P. No.34401 & 34624 / 2014 and W.P. No.15866 / 2013; hence a direction should be issued to the second respondent to consider the petitioner's

representation dated 19.10.2022.

3. The learned Government Advocate (Crl.side) appearing for the respondents submitted the petitioner shall give a fresh representation to the second respondent and the second respondent shall consider the same and pass appropriate orders.

4. In view of the undertaking given by the learned Government Advocate, the petitioner shall give a fresh representation to the second respondent and on receipt of the same, the second respondent is directed to consider the same and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of petitioner's fresh representation.

5. Accordingly, the Writ Petition is disposed. Consequently, connected miscellaneous petition is closed.

23.11.2022 Index: Yes/No Speaking order / Non-speaking order bkn

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

1. The Commissioner of Police, Coimbatore, Coimbatore District.

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

3. The Public Prosecutor, Madras High Court.

23.11.2022