Syed Abuthahir Sulthan Alavudeen v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Syed Abuthahir Sulthan Alavudeen ... Petitioner /vs./ 1.The Commissioner, Madurai Municpal Corporation, 2.The Commissioner of Police, Madurai City, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct to issue 'No Objection Certificate' to the petitioner to run a Spa/Massage Centre' in the name and style of 'Harmony Bali Spa' at 195/5, Hotel Annamalai Interntational, 120 Feet Road, Moondrumavadi, Opp, Mattuthavani Bus stand, K.Pudur, Madurai by considering the petitioner's representation dated 03.02.2022 and 20.08.2022. For Petitioner : Mr.N.Balakrishnan For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor
ORDER
The Petitioner has filed this Writ Petition seeking No Objection Certificate to run a Spa/Massage Centre' in the name and style of 'Harmony Bali Spa' at 1/4
195/5, Hotel Annamalai Interntational, 120 Feet Road, Moondrumavadi, Opp, Mattuthavani Bus stand, K.Pudur, Madurai by considering the petitioner's representation dated 03.02.2022 and 20.08.2022. 2.Heard the learned Counsel for the Petitioner and the learned Additional Public Prosecutor for the Respondents. By consent, this Writ Petition is taken up for final disposal.
3.The learned Counsel for the Petitioner submits that steps have been taken to run a Spa and the equipments for the same have also been purchased. Hence, the petitioner sent application to the Officials concerned particularly to the first and second Respondents herein seeking No Objection Certificate. The second respondent after conducting investigation in the premises, had issued a certificate stating that no criminal case is pending against the Petitioner, but had not issued No Objection Certificate enabling the Petitioner to run the Spa. Subsequently, the Petitioner in the month of August had sent a fresh representation, dated 20.08.2022 to the respondents. Till date the same is kept pending without any progress. The Petitioner is unable to pay the rent to the premises, due to the inaction of the authorities concerned. Hence, the Petitioner has filed the present petition.
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4.The learned Additional Public Prosecutor appearing for the Respondents submits that the fresh representation, dated 20.08.2022 sent by the Petitioner is pending with the Deputy Commissioner of Police, Madurai North. 5.Considering the fact that the the Respondent Police had already verified the premises, in which the Spa is going to be started, and issued a certificate to the effect that no criminal case is pending against the Petitioner, the Second Respondent is directed to consider the representation of the Petitioner, dated 20.08.2022 and issue appropriate orders to run the Spa and Massage Centre within a period of fifteen days from the date of uploading the order copy in the website of this Court.
6.With the above direction, this Writ Petition is disposed of. 12.10.2022 Index : Yes / No Internet : Yes / No ta To:
1.The Commissioner, Madurai Municpal Corporation, 3/4
SATHI KUMAR SUKUMARA KURUP , J.
ta 2.The Commissioner of Police, Madurai City, Madurai.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, 12.10.2022 4/4