Ajithaponnuswamy v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.21455 of 2024 1.Ajithaponnuswamy 2.Licyarun 3.D.S.Pramoth 4.Sreenishanth 5.Jesyjayasing 6.Carolinjayasundarraj 7.Jeevan Raj 8.Vasantha Kumar 9.Arundhadiraju 10.Sasikala 11.Rajamurugan
...Petitioners
Vs.
1.The Superintendent of Police, 1/5
2.The Inspector of Police, Nesamnonynagar Police Station, Kanyakumari District.
3.The Inspector of Police, All Women Police Station, 4.The Commissioner, Nagercoil City Municipal Corporation, King Nagar, 127, Balamore Rd, Nagercoil, Kanyakumari District, Tamil Nadu 629 001.
5.The Village Head, Kennady 6.Albert 7.Edwin Suresh ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 herein not to disturb the functioning of the massage centre in the trust of petitioners 1 to 11 in Ramputhur, Nagercoil. For Petitioners : Mr.P.Kannan For Respondents : Mr.M.Muthu Manikkam, Government Advocate (Civil Side), for R1 to R3.
: Mr.F.Deepak, for R4.
Standing Counsel.
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ORDER
The Writ Petition has been filed, invoking Article 226 of the Constitution of India, seeking orders, to direct the respondents 1 to 3 herein not to disturb the functioning of the massage centre in the trust of petitioners 1 to 11 in Ramputhur, Nagercoil.
2. When the matter is taken up for hearing today, the learned Standing Counsel appearing for the fourth respondent and the learned Government Advocate (Civil Side) appearing for the respondents 1 to 3 would submit that the 'Friends for Ever Trust' was allegedly providing oil bath service to the members of the trust and other members. The learned Government Advocate (Civil Side) would further submit that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.15 of 2024, dated 17.02.2024 for the offences under Sections 3(2)(a), 4(2)(c), 5(1)(a), 7(1)(a) of Immoral Traffic (Prevention)Act 1959 and Section 366(A) of IPC and Sections5(1), 11(6), 12, 13(b) and 14(1) of POCSO Act 2012, and that the investigation is pending. 3/5
3. As rightly pointed out by the learned Government Advocate (Civil Side), the petitioner has claimed a blanket order not to disturb them, without getting any permission from the competent authorities. Hence, this Court is not inclined to entertain this petition.
4. In the result, the Writ Petition is dismissed. No costs. 10.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das To 1.The Superintendent of Police, 2.The Inspector of Police, Nesamnonynagar Police Station, Kanyakumari District.
3.The Inspector of Police, All Women Police Station, 4.The Commissioner, Nagercoil City Municipal Corporation, King Nagar, 127, Balamore Rd, Nagercoil, Kanyakumari District, Tamil Nadu 629 001.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J das Order made in W.P.(MD)No.21455 of 2024 Dated : 10.09.2024 5/5