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Madras High CourtWP(MD)/12103/2024dismissed

M.Govindaraj v. The Commissioner Of Police

2024-06-11Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Govindaraj ... Petitioner Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Thillai Nagar Police Station, (Law & Order) Thillai Nagar, Trichy-18.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the second respondent not to disturb or interfere with the petitioner's peaceful business offering health therapies under the name and style of Himalaya (Ayurvedic Care & Spa) situated at No.C-17/1, 1st Floor, 3rd Cross, Thillai Nagar West, Trichy-18, based on his representation, dated 21.05.2024.

For Petitioner : Mr.C.Ezhilarasu For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/4

O R D E R

The petitioner has filed this writ petition for issuance of a writ of Mandamus seeking a direction to the second respondent not to disturb or interfere with the petitioner's peaceful business of offering health therapies under the name and style of Himalaya (Ayurvedic Care & Spa) based his representation, dated 21.05.2024.

2.The learned counsel for the petitioner submits that the respondent police, without issuing licence, harassed the petitioner. According to him, he has applied for a licence and the respondent police without following the guidelines issued by this Court in W.P.(MD)Nos.2226 of 2024 and 3381 of 2024, dated 05.02.2024 and 15.02.2024, harassed the petitioner. 3.The learned Additional Public Prosecutor submits that the petitioner has not obtained any licence as required under Rule 299 of the Tamil Nadu Urban Local Bodies Rules, 2023.

4.The learned counsel for the petitioner is having a grievance that the respondent police without giving the licence, is harassing the petitioner. 2/4

5.The fact remains that the petitioner is running the spa without any licence. The petitioner is not expected to run any spa without a valid licence. The petitioner has to workout his remedy for obtaining licence and then run the spa. Hence, the prayer in this petition cannot be granted by this Court. 6.Accordingly, this Writ Petition is dismissed. No costs. Index :Yes/No 11.06.2024 Internet : Yes/No sji To 1.The Commissioner of Police, Office of the Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Thillai Nagar Police Station, (Law & Order) Thillai Nagar, Trichy-18.

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

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B.PUGALENDHI,J.

sji 11.06.2024 4/4