Visalakshmi.B v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN B.Visalakshmi ... Petitioner vs.
1.The Superintendent of Police, O/o. Superintendent of Police, 2.The Sub Inspector, Palani Nagar Police Station, Palani, 3.The Health Inspector, Palani Municipality, FG39+FH7, Anna Nagar, Palani 624 601, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to give no objection certificate to run the petitioner's shop in the name and style of Sri Nagalakshmi Stores. For Petitioner : Mr.B.Sukumar For Respondents : Mr.M.Veeranthiran Government Advocate (Crl.side)
O R D E R
This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the second respondent to give No Objection Certificate to run the petitioner's shop in the name and style of Sri Nagalakshmi Stores.
2. The learned counsel appearing for the petitioner would submit that the petitioner has sent a representation to the second respondent to issue a No Objection Certificate, on 30.04.2022 and till now they have not given any response to the said representation. Therefore, she has approached this Court by filing the present writ petition with the aforesaid prayer. 1/3
3. The learned Government Advocate (Crl.side) appearing for the State would submit that they admitted that they have received the representation on 30.04.2022, but so far they have not given any response to that.
4. The concerned Inspector of Police appeared and has stated that the petitioner has got previous case and also he is selling banned tobacco products. Therefore, they have not given No Objection Certificate.
5. Though he has stated verbally that there are previous case and antecedents, the respondents neither filed any counter nor produce any rejection order passed, which clearly shows the lethargic attitude of the Police Department. If any ordinary citizen makes any representation before the police, the police has to response the citizen in either way, but simply they cannot keep the representation as pending without any response, which clearly shows the irresponsible attitude of the Police Department. Every ordinary citizen cannot approach the Court to get the relief by spending huge money.
The Police Department unnecessarily dragging the layman to approach the Court to get a simple order of permission or even the permission for cultural programme, which clearly shows that the Department is not for the layman and it is for the best known to them that the Department is running for some other purpose. Under these circumstances, the in-action of the respondents are highly deprecated. Hence, the first respondent is directed to look into the matter and consider the representation given by the petitioner, on 30.04.2022, within a period of ten days from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) akv To 1.The Superintendent of Police, O/o. Superintendent of Police, 2.The Sub Inspector, Palani Nagar Police Station, Palani,Dindigul District.
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3.The Health Inspector, Palani Municipality, FG39+FH7, Anna Nagar, Palani 624 601, +1 CC to M/s.B. SUKUMAR, Advocate ( SR-24154[F] dated 26/05/2022 ) W.P.(MD)No.10555 of 2022 26.05.2022 MGJ(02.06.2022) 3P 5C 3/3