M.D.Babu v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA M.D.Babu Petitioner Vs

1. The Superintendent of police District Superintendent of Police Office, Saththuvacherry, Vellore-632 009 2.The Deputy Superintendent of Police Katpadi-632 006, Vellore District 3.The Inspector of Police, Viruthambattu Police Station, Vellore District.

Respondent(s) PRAYER Writ Petition (Criminal) filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd respondent to consider the representation dated 08.09.2025 and consequently direct the 3rd respondent and its men not to interfere with the day to day activities of the Gandhi Nagar Manamahil Mandram situated at 16, 2nd East Main Road, Gandhi Nagar, Katpadi, Vellore 632 006 except with the due process of law. For Petitioner:

Mr.N.Sudharsan For Respondents:

Mr.S.Santhosh, Government Advocate (Crl. Side)

ORDER

The writ petition (criminal) has been filed for the issuance of a Writ of Mandamus, directing the 3rd respondent to consider the representation dated 08.09.2025 and consequently direct the 3rd respondent and their men not to interfere with the day to day activities of the Gandhi Nagar Manamahil Mandram situated at 16, 2nd East Main Road, Gandhi Nagar, Katpadi, Vellore 632 006 except with the due process of law.

2. Learned counsel appearing for the petitioner submitted that the petitioner is carrying on business i.e., Recreation Club, in the name and style of M/s.Gandhi Nagar Manamahil Mandram situated at 16, 2nd East Main Road, Gandhi Nagar, Katpadi, Vellore 632 006, without giving room to any sort of complaint or whatsover. The petitioner's business was registered under the Registration Act before the District Registrar, Vellore Registrar office in L.L.No.132 of 2015. However, 3rd respondent and their men are frequently interfering with the petitioner's business and pressurising him to shut down the business activities without offering any valid reason, thereby, causing hardship to the customers who seek their service. In order to prevent such hardship, the petitioner has come forward with the present writ petition. 3.

Learned Government Advocate (Crl. Side) appearing for the respondents submitted that the respondents are not interfering with the business

activities of the petitioner. However, the petitioner cannot be permitted to conduct illegal activities under the guise of running a spa. 4.

In view of the above, this Writ Petition (Criminal) is disposed of with the direction that in the event of the petitioner complying with the rules imposed by the local body, the respondent shall not, as a matter of routine, without any basis, conduct any raid and interfere with the business activity of the petitioner. However, in specific cases where the police have reasonable grounds to believe that an offence punishable under the Immoral Traffic (Prevention) Act, 1956 has been or is being committed, it is open to the police to take action, after scrupulously following the procedure contemplated under the Immoral Traffic (Prevention) Act, 1956. No costs. Consequently, the connected miscellaneous petition is also closed. 02-12-2025 vum Index:Yes/No Speaking/Non-speaking order To 1.The Superintendent of police District Superintendent of Police Office, Saththuvacherry, Vellore-632 009.

2.The Deputy Superintendent of Police, Katpadi-632 006 Vellore District.

3.The Inspector of Police Viruthambattu Police Station, Vellore District.

4. The Public Prosecutor, Madras High Court, Chennai.

A.D.JAGADISH CHANDIRA J.

vum 02.12.2025