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Madras High CourtWP(MD)/1726/2019disposed of

M.Vaseela, v. The Superintendent Of Police

2022-02-03Honourable Dr Justice G. Jayachandran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2022

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and W.M.P(MD)No.1476 of 2019 1.M.Vaseela 2.B.Lavanya 3.V.Karthik .. Petitioners Vs.

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

2.The Deputy Superintendent of Police, Kodaikanal, Dindigul District.

3.The Inspector of Police, Kodaikkanal Police Station, Kodaikkanal, Dindigul District.

4.Marimuthu 5.L.Prabhu 6.Bala @ Balasubramanian 7.S.R.Jeyaseelan 8.A.Rabin 9.Senthil .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents No.3 to 9 from interfering with the right of the petitioners to do their lodging business in a lawful manner by disturbing tariff pamphlets to the tourist and consequently direct the respondents 1 to 3 to take action against the respondents 4 to 9 and other unauthorized persons who are trying to prevent the petitioners from doing their lawful business and pass such further or other orders.

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For Petitioners : Mr.M.Kannan For Respondents 1 to 3 : Mr.A.Thiruvadikumar, Addl. Public Prosecutor.

ORDER

This writ petition is filed seeking to take action against the respondents 4 to 9, who are interfering in the peaceful business of the petitioners at Kodaikanal.

2.The sum and substance of the representation, upon which action is sought to be taken, indicates that the respondents 4 to 6 and others, claiming to be the members of the Tourist Guides Association, are pleasing gullible tourists for arranging the lodging facility, for which, they demanded huge commission from the lodge owners, like the petitioners. When the petitioners and others wanted to be transparent about the room rent and tried to distribute pamphlets regarding the room rent, the private respondents were preventing them from distributing pamphlets.

3.The private respondents have not claimed the notice sent to them. Hence, there is no representation.

4.The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would state that the representation of the petitioners has been considered and the police are restricting the movement of unauthorised and unlicensed tourist guides in the Kodaikanl Hills and they will take appropriate action against the persons, who prevent the petitioners herein circulating their tariff rates to the tourists.

5.Recording the same, this writ petition is disposed of with a direction to the respondent police to prevent all illegal action of fleecing tourists in Kodaikanl including extracting exorbitant rent for accommodation. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) smn 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.

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To 1.

The Superintendent of Police, Dindigul District, Dindigul.

2.

The Deputy Superintendent of Police, Kodaikanal, Dindigul District.

3.

The Inspector of Police, Kodaikkanal Police Station, Kodaikkanal, Dindigul District.

4.

The Additional Public Prosecutor, Madurai Bench of Madras High court, Madurai.

+1 CC to M/s.M.KANNAN, Advocate ( SR-4114[F] dated 04/02/2022 ) ORDER MADE IN 03.02.2022 PKP/21.02.2022/3P/6C 3/3