Mohammed Ikram .A v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 04.07.2023

CORAM:

The Hon`ble Dr.Justice D.NAGARJUN W.P.(MD)No.15996 of 2023 and W.M.P(MD)No.13407 of 2023 A.Mohammed Ikram ... Petitioner Vs 1.The Superintendent of Police, Dindigul, Dindigul District.

2.The Inspector of Police, Taluk police station, Dindigul, Dindigul District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, in the nature of Writ of Mandamus, directing the 1st respondent to issue a No Objection Certificate to the petitioner to run a SPA i.e. cross relaxation massage in the name and style of Dreams Ayur Care at Hotel Suthas, Door No. 35, Suba Nagar, Kaveri Nagar, Dindigul East (Post), Dindigul District, Pin- 624 005, by passing orders on the petitioners representation dated 11.05.2023.

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For Petitioner : Mr.N.Edwin Jeyakumar For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

ORDER

This Writ Petition is filed seeking for a direction to the police to issue no objection certificate to the petitioner for running SPA.

2. It is the submission of the learned counsel for the petitioner that he filed an application before the respondent police on 11.05.2023, seeking, to issue, no objection certificate, for starting SPA but, the said application is pending and no communication has been received from the respondent.

3. Learned Government Advocate (Crl.side) submits that as per the Gazette notification No.252 dated 16.07.2018, issued in respect of the grant of no objection certificate and license, requires that the applicant has to obtain no objection certificate from Health Department of the Corporation and also from such police officer as may be specified by the Commissioner. It is further submitted that the issuance of no objection certificate by the police depends on issuance of no objection certificate 2/4

from the Health Department of the Corporation. Admittedly, the petitioner has not obtained certificate from the Health Department of the Corporation.

5. The learned Government Advocate (Crl.side) further submits that after obtaining the no objection certificate from the Health Department of Municipal Corporation, if the petitioner makes an application in the prescribed form, his application will be considered by recording the same.

6. The submission of learned Government Advocate (Crl.side) are recorded and thereby this writ petition is closed with liberty to the petitioner to approach this Court, in case, if there is any delay in giving the no objection certificate after fulfilling all requirements. No costs. Consequently, connected miscellaneous petition stands closed. 04.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn 3/4

DR. D.NAGARJUN, J.

pnn To 1.The Superintendent of Police, Dindigul, Dindigul District. 2.The Inspector of Police, Taluk police station, Dindigul, Dindigul District.

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

ORDER

IN W.P.(MD)No.15996 of 2023 and W.M.P(MD)No.13407 of 2023 Date: 04.07.2023 4/4