Mahesh Soni v. Assistant Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.12.2024
CORAM
THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI W.P. No.39716 of 2024 and WMP.No.43012 of 2024 Mahesh Soni ..Petitioner Vs.
1. The Assistant Commissioner of Police, Valluvar Kottam High Road, Ponnangipuram, Nungambakkam, Chennai-6.
2. The Inspector of Police, F-3, Police station, Ponnangipuram, Nungambakkam, Chennai-6.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus forbearing the second respondent from interfering in relation to the running of their Restaurant premise viz., DEJA BREW CAFE along with Herbal Hookah Services (without any content or trace of Tobacco and Nicotine) at No.38/11 Status Quo building, Sterling Road, Nungambakkam, Chennai-600 034.
For Petitioner : Mr.S.R.Rajagopal, Sr.C.
For M/s.Praveenath Selvam For Respondents : Mr. K.M.D.Muhilan, Government Advocate (Crl. Side)
ORDER
This writ petition has been filed seeking to forbear the second respondent from interfering in relation to the running of their Restaurant premise viz., DEJA BREW CAFE along with Herbal Hookah Services (without any content or trace of Tobacco and Nicotine) at No.38/11, Status Quo building, Sterling Road, Nungambakkam, Chennai-600 034.
2. The learned Senior Counsel appearing for the petitioner submitted that the petitioner is ready to give an undertaking that he will allot a separate smoking area for serving of Herbal Hookah Services (without any content or trace of Tobacco and Nicotine) in his business premises.
3. Per contra, the learned Government Advocate appearing for the respondents submitted that even if they provide separate smoking space, the
permission under the Department of Food Safety is mandated.
4. In view of the said submission made by either parties, there shall be a direction to the petitioner forthwith to make an application before the Department of Food Safety and obtain an appropriate permission for providing Herbal Hookah Services (without any content or trace of Tobacco and Nicotine). The petitioner shall also give an undertaking letter before the respondent police to have separate smoking area for serving Herbal Hookah Services (without any content or trace of Tobacco and Nicotine). On receipt of the said undertaking, the respondent police are directed not to interfere with the business premises of the petitioner after getting permission by the Department of Food Safety.
5. It is made clear that the petitioner will strictly adhere the undertaking and will not violate it by taking advantage of the order passed by this Court. I also further make it clear that it will not prevent the respondent police for making the periodical inspection as to whether the undertaking is followed by the petitioner.
L.VICTORIA GOWRI, J.
rli
6. With the above directions, the writ petition stands disposed of . No costs. Consequently, connected miscellaneous petition is closed. 27.12.2024 rli/ssb Index : Yes/No Internet : Yes/No To
1. The Assistant Commissioner of Police, Valluvar Kottam High Road, Ponnangipuram, Nungambakkam, Chennai-6.
2. The Inspector of Police, F-3, Police station, Ponnangipuram, Nungambakkam, Chennai-6.
W.P. No.39716 of 2024 27.12.2024