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Madras High CourtWP(MD)/3632/2024disposed of

Murugesan. N v. The Superintendent Of Police

2024-02-19Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.3632 of 2024 and W.M.P.(MD).No.3571 of 2024 N.Murugesan ... Petitioner /vs./ 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Melapalayam Police Station, Melapalayam Post, Tirunelveli District - 627 005.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first Respondent to issue a No Objection Certificate to the Petitioner to run a SPA i.e cross relaxation massage in the name and style of ''Aruvi Ayurvedic Spa'' at 47, Rajarajeswari Nagar North, Melapalayam, Palayamkottai Taluk, Tirunelveli District, by passing orders on the Petitioner's representation dated 02.02.2024. For Petitioner : Mr.Leonard Vasanth For Respondents : Mr.T.SenthilKumar Additional Public Prosecutor 1/5

ORDER

This Writ Petition had been filed for Writ of Mandamus, seeking direction against the first Respondent to issue a No Objection Certificate to the Petitioner to run a SPA i.e cross relaxation massage in the name and style of ''Aruvi Ayurvedic Spa'' at 47, Rajarajeswari Nagar North, Melapalayam, Palayamkottai Taluk, Tirunelveli District, based on the Petitioner's representation dated 02.02.2024.

2. The learned Counsel for the Petitioner submits that the Petitioner had preferred a representation dated 02.02.2024 to the first Respondent. Till date, the Respondent Police have not acted upon. Therefore, the Petitioner seeks direction against the Respondents, to grant permission.

3. The learned Additional Public Prosecutor on instructions of the Respondents would submit that as per the amendment under Tamil Nadu Urban Local Bodies Rules, 2023, Rule 299, petition of this nature has to be sent to the Municipal Commissioner, who is to set up a Committee. The Petitioner has to file proper petition under Rule 299 of the above said Rule. He would further submit that the Petitioner without filing any such application before the Municipal 2/5

Commissioner, straightaway approached this Court. Hence, he prays this Court to give direction to the Petitioner to file appropriate Petition as per Rule 299 of the Tamil Nadu Urban Local Bodies Rules, 2023.

4. In the light of the submission made by the learned Additional Public Prosecutor, the Petitioner is directed to file an application as per Rule 299 of the Tamil Nadu Urban Local Bodies Rules, 2023. On such Petition preferred by the Petitioner, the Authorities concerned are directed to dispose of the petition within a reasonable time, preferably within a period of two (2) months from the date of receipt of such petition.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 19.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Nsr 3/5

TO:

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

2.The Inspector of Police, Melapalayam Police Station, Melapalayam Post, Tirunelveli District - 627 005.

4/5

SATHI KUMAR SUKUMARA KURUP , J.

Nsr Order made in W.P.(MD)No.3632 of 2024 Dated:

19.02.2024 5/5