Sathya Gardern Resort v. State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos. 34053 & 34100 of 2024
1. Sathya Garden Resort, Represented by its Proprietor, R.Murugananth.
2. Asva Garden Resort, Represented by its Proprietor, R.Ashokkumar ....
Petitioners Vs
1. State rep by its The Superintendent of Police, Coimbatore District, Coimbatore.
2. State rep by its, The Inspector of Police, Mettupalayam, Coimbatore District.
3. The Sub Inspector of Police (Law & Order), Mettupalayam, Coimbatore District.
....
Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, forbearing the respondents 2 and 3 and their subordinates from any manner interfering or disturbing with day to day affairs of the petitioners and also from harassing its proprietors/employees/guests at S.F.No.403, Ooty Main road, Odanthurai Village, Mettupalayam Taluk, Coimbatore District. For Petitioner : Mr.G.Krishna Kumar For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)
O R D E R
This Writ Petition has been filed forbearing the respondents 2 and 3 and their subordinates from any manner interfering or disturbing with day to day affairs of the petitioners and also from harassing its proprietors/employees/guests at S.F.No.403, Ooty Main road, Odanthurai Village, Mettupalayam Taluk, Coimbatore District.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The first petitioner is running a hotel business consisting of 13 air-conditioned rooms, a restaurant, a mini meeting hall and a
dormitory. The second petitioner is also running a hotel business consisting of 13 air-conditioned rooms. There is a common reception, a children's play area and a garden for both the hotels, situated in S.F.No.403, Ooty Main road, Odanthurai Village, Mettupalayam Taluk, Coimbatore District. The petitioners also obtained necessary licenses from all relevant departments and are running the hotels. While being so, the second and third respondents visited the hotel and unnecessarily disturbed their business by inspecting all the rooms and harassing their guests.
4. A perusal of the counter affidavit filed by the second and third respondents and the submission made by the learned Government Advocate (Crl.Side) reveals that on 04.06.2024, the respondent police received information from the District Special Branch, Coimbatore. In order to comply the same, they conducted an inspection. They never interfered with the business activities at any point of time. Further, the learned counsel for the petitioner produced the videos showing that the second and third respondents visited their hotel business.
5. In view of the above, the second and third respondents shall not interfere with the petitioners' hotel business situated at S.F.No.403, Ooty Main road, Odanthurai Village, Mettupalayam Taluk, Coimbatore District, in future. At the same time, if the petitioners involved in any criminal activities, the second and third respondents are at liberty to take criminal action as against them.
6. With the above direction, this Writ Petition stands disposed of. Consequently, connected miscellaneous petitions are closed.
10.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To
1. The Superintendent of Police, Coimbatore District, Coimbatore.
2. The Inspector of Police, Mettupalayam, Coimbatore District.
3. The Sub Inspector of Police (Law & Order), Mettupalayam, Coimbatore District.
.
4.The Public Prosecutor, High Court of Madras, Chennai.
G.K.ILANTHIRAIYAN, J.
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