S.Kumaresan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN S.Kumaresan ... Petitioner Vs.

1. The Commissioner of Police, Office of the Commission of Police, Thiruchirappalli City,

2. The Inspector of Police, Ariyamangalam Police Station, (Law & Order), Ariyamangalam, Thiruchirappallai City, ... Respondents Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent not to harass the petitioner and consequently direct the respondents not to interfere with or disturb the peaceful conduct of the petitioner's business offering health therapies under the name and style of R1 Kerala (Ayurvedic Care & Spa) at Room No.3, KKK Complex, Rice Mill bus stop, Ariyamangalam, Trichy - 620010, based on the representation dated 15.04.2021.

For Petitioner : Mr.C.Ezhilarasu For Respondents : Mr.K.Suyambulingam Bharathi, Government Advocate (Crl.Side).

ORDER

This petition is filed seeking a direction to the second respondent not to harass the petitioner and consequently, direct the respondents not to interfere with or disturb the peaceful conduct of the petitioner's business of offering health therapies under the name and style of R1 Kerala (Ayurvedic Care & Spa) at Room No.3, KKK Complex, Rice Mill bus stop, Ariyamangalam, Trichy - 6200010, based on the representation dated 15.04.2021.

2. The petitioner has rented a shop in Room No.3, K.K.K.Complex, Rice Mill bus stop, Ariyamangalam, Trichy - 620010. The petitioner is running a Ayurvedic Care & Spa in the rental shop, after obtaining proper license from the Government. The second 1/3

respondent came to the petitioner's shop and disturbing the peaceful conduct of the petitioner business. Due to the continuous harassment made by the second respondent, the petitioner made a representation to the second respondent on 15.04.2021, requesting them to direct the second respondent not to harass the petitioner. Since no action was taken on his representation, the petitioner approached this Court by way of filing this petition.

3. The learned counsel for the petitioner would submit that the second respondent is harassing the petitioner under the guise of inspection.

4. The learned Additional Public Prosecutor would submit that no complaint has been registered against this petitioner and no enquiry is also pending. Hence, the question of harassment does not arise.

5. The second respondent is duty bound to inspect the premises of the petitioner, if any information/complaint is received by him. In Crl.OP.(MD).No.13739 of 2019, some guidelines have been issued in this regard. Since no complaint is received against this petitioner, issuing direction to the second respondent does not arise. If any specific complaint against this petitioner is registered, this petitioner is at liberty to approach this Court for appropriate remedy.

6. With these observations, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm 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 Commissioner of Police, Office of the Commission of Police, Thiruchirappalli City, 2/3

2. The Inspector of Police, Ariyamangalam Police Station, (Law & Order), Ariyamangalam, Thiruchirappallai City,

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

+1 CC to M/s.C.EZHILARASU, Advocate ( SR-18136[F] dated 30/04/2021 ) Crl.O.P.(MD)No.6244 of 2021 30.04.2021 RK (11.08.2021) 3P 5C 3/3