U.Karthiga v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI U.Karthiga ... Petitioner Vs.

1. The Commissioner, Tirunelveli Corporation, Tirunelveli District.

2. State of Tamil Nadu, Rep. By The Commissioner of Police, Tirunelveli City, Tirunelveli.

3. State of Tamilnadu, Rep by Inspector of Police, Perumalpuram Police Station, Palayamkottai, Tirunelveli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.2 and 3 to issue No Objection Objection Certificate enabling the 1st respondent to issue Trading License in petitioner's favour for running "Nellai Ayurvedic Spa" at, D.No.HG 69, Maharaja Nagar Post, Palayamkottai Taluk, Tirunelveli District, by considering the petitioner's representation dated 19.02.2026 within the period that may be stipulated by this Court.

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For Petitioner : Mr.M.Natarajan For Respondents : Mr.M.Sakthi Kumar (R2 & R3) Government Advocate Mr.M.Muthumanickkam (R1) Government Advocate (Civil)

ORDER

This writ petition has been filed seeking for a direction to the respondents 2 and 3 to issue No Objection Objection Certificate enabling the 1st respondent to issue Trading License in petitioner's favour for running "Nellai Ayurvedic Spa" at, D.No.HG 69, Maharaja Nagar Post, Palayamkottai Taluk, Tirunelveli District, by considering the petitioner's representation dated 19.02.2026 within the period that may be stipulated by this Court.

2. When the matter was taken up for hearing, the learned Government Advocates appearing for the respondents submitted that the petitioner had sent a representation to the third respondent police seeking a No Objection Certificate to run the aforesaid spa. The petitioner is already involved in a case, which has culminated in the filing of a final report in C.C. No.988 of 2025 before the learned Judicial Magistrate No.I, Tirunelveli, and hence, the petitioner is not entitled to get No Objection Certificate to run the aforesaid spa. 2/4

He further submitted that since the said case is pending against the petitioner, she is not entitled to get No Objection Certificate to run the spa.

3. Heard the learned counsel on either side and carefully perused the materials placed before this Court.

4. Since a criminal case is already pending against the petitioner, the petitioner is not entitled to seek the discretionary relief under Article 226 of the Constitution of India and the relief sought for in the writ petition is discretionary in nature and this Court is not inclined to exercise such discretion in favour of the petitioner. Accordingly, this writ petition is dismissed. 05.03.2026 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The Commissioner, Tirunelveli Corporation, Tirunelveli District.

2. The Commissioner of Police, Tirunelveli City, Tirunelveli.

3. Inspector of Police, Perumalpuram Police Station, Palayamkottai, Tirunelveli District.

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

Order made in Dated 05.03.2026 4/4