Madras High CourtWP(MD)/18753/2016disposed of

N.Murugan v. The Commissioner Of Police

2016-10-17Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.18753 of 2016 N.Murugan ... Petitioner vs.

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

2.The Deputy Commissioner of Police, Law and Order, Office of the Deputy Commissioner, Madurai City, Madurai.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, restraining the respondents and their subordinate officers from interfering with the day to day business activities of the petitioner's Bar attached to the TASMAC Shop No.5201. For Petitioner : Mr.S.Malaikani For Respondents : Mr.K.P.Krishna Doss Government Advocate

O R D E R

This writ petition is filed for issuance of writ of mandamus, restraining the respondents and their subordinate officers, from interfering with the day to day business activities of the petitioner's Bar attached to the TASMAC Shop No.5201.

2. The case of the petitioner is that he is a licence holder of the Bar, which is attached to TASMAC Shop No.5201 and as per the Rules, the petitioner has to open the Bar at 12.00 noon and to close the same by 10.00 p.m. However, even before the closure time, the officials of the respondent came to the Bar and also attacked one of his employees after 9.50 p.m. insisting him to close the shop by 10.00 p.m.

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3. Mr.S.Malaikani, learned counsel for the petitioner would submit that the petitioner has sent a representation to the

respondents dated 27.09.2016, but so far it has not been considered by them.

4. The learned Government Advocate would submit that the petitioner appeared before the Inspector of Police, E-1, Police Station, on 04.10.2016, gave a statement, stating that the respondent police has not interfered with his business activities.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate, the second respondent is directed to consider the representation of the petitioner dated 27.09.2016 on merits and in accordance with law within a period of four weeks from the date receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

2.The Deputy Commissioner of Police, Law and Order, Office of the Deputy Commissioner, Madurai City, Madurai.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 60899 PJL TE/KM : 07/11/2016 : 2P/4C W.P(MD)No.18753 of 2016 17.10.2016 https://hcservices.ecourts.gov.in/hcservices/