Madras High CourtCRL OP(MD)/2203/2022disposed of

N. Shanmugasundara Mohan v. The Superintendent Of Police

2022-02-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.2203 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2203 of 2022 N.Shanmugasundara Mohan ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Kovilpatti Sub Division, Thoothukudi, Thoothukudi District.

3.The Inspector of Police, Kadampur Police Station, Thoothukudi, Thoothukudi District.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents 1 to 3 not to interfere with lawful business of petitioner for collecting the empty bottles and selling the eatables in the bar attached with TASMAC Shop No.9923 situated at Kadampur, Thoothukudi District.

For Petitioner : Mr.S.Ramasamy For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for respondent. 2.The petitioner is said to be running a bar in respect of the petition mentioned TASMAC liquor outlet. According to the petitioner, in view of the prevalence of the pandemic, license earlier given to him has been extended. However, no material has been enclosed in the typed set of papers in support of the claim. In any event, under Section 482 of Cr.P.C., the right of the petitioner to run the bar cannot be gone into or decided. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2203 of 2022 3.The petitioner's counsel seeks a limited relief of forbearing the respondent police from interfering with the running of bar by the petitioner herein. The respondent police are therefore restrained from interfering in the matter except by due process of law.

4. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(Records) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Kovilpatti Sub Division, Thoothukudi, Thoothukudi District.

3.The Inspector of Police, Kadampur Police Station, Thoothukudi, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.2203 of 2022 03.02.2022 ark(CO) TR(15.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2