Madras High CourtWP/34709/2022dismissed as infructuous

J.Nalina v. The Commissioner

2023-01-25Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.

34709 of and W.M.P.Nos.

34127 & 34129 of

1. J.Nalina

2. Aakash Jeevendra Prasad

3. J.Aarthi Jeevendra Prasad

4. Jeevendra Prasad .. Petitioners Vs.

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2. The Assistant Revenue Officer, Zone-7, The Greater Chennai Corporation, Thiruvallur High Road, Ambattur, Chennai - 600 053.

3. The Zonal Officer, Zonal No.7, Greater Chennai Corporation, Ambattur, Chennai - 600 053.

4. The Commissioner of Police, Avadi Commissionerate, Avadi.

5. Inspector of Police, Ambattur (Law & Order), Ambattur, Chennai - 600 053.

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6. D.Raja

7. S.Vijaya Raghav

8. Phillips James .. Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents 1 to 5 to act on the petitioners' representation dated 16.08.2022 and 23.11.2022, forthwith suspend the Gymnasium activities and close and seal "Slim and Tone Lifestyle and Fitness Studio" being run by respondents 6 to 8 at No.46, Ward 'A', Plot No.1, Redhills Road, Vijayalakshmipuram, Ambattur, Chennai.

For Petitioner : Mr.N.R.Anantha Rama Krishnan For Respondents 1 to 3 : Mr.P.T.Ramadevi Standing Counsel For Respondents 4 & 5 : Mr.S.Rajesh For Respondent 6 : Mr.Deepak Narayanan For Respondent 8 : No appearance - - - - -

O R D E R

This writ petition has been filed seeking a direction to the respondents 1 to 5 to act on the petitioners' representation dated 16.08.2022 and 23.11.2022 and forthwith suspend the Gymnasium activities and close and seal "Slim and Tone Lifestyle and Fitness Studio" being run by 2/5

respondents 6 to 8 at No.46, Ward 'A', Plot No.1, Redhills Road, Vijayalakshmipuram, Ambattur, Chennai.

2. The learned counsel appearing for the petitioners submitted that based on the representation now action has been taken by the authorities and they have sealed the premises and therefore the writ petition has become infructuous.

3. Whereas the learned counsel appearing for the 6th respondent would submit that there is no such provision under any of the Statute for sealing the premises. The said submission made by the learned counsel appearing for the 6th respondent is recorded and it is open to the 6th respondent to challenge the sealing of the premises as per law.

4. Such view of the matter, the writ petition is dismissed as become infructuous. Consequently, the connected miscellaneous petitions are closed. No costs.

25.01.2023 Index : Yes / No : Yes / No kk 3/5

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2. The Assistant Revenue Officer, Zone-7, The Greater Chennai Corporation, Thiruvallur High Road, Ambattur, Chennai - 600 053.

3. The Zonal Officer, Zonal No.7, Greater Chennai Corporation, Ambattur, Chennai - 600 053.

4. The Commissioner of Police, Avadi Commissionerate, Avadi.

5. The Inspector of Police, Ambattur (Law & Order), Ambattur, Chennai - 600 053.

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N.SATHISH KUMAR, J.

kk W.P.No.34709 of 2022 and W.M.P.Nos.34127 & 34129 of 2022 25.01.2023 5/5