Vimal Raj.K v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.23237 of 2022 K.Vimal Raj ... Petitioner /vs./ 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Pallathur Police Station, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents 1 and 2 from interfering with peaceful conduct of business at Ayur Bhavanam Ayurvedic Spa, No.3, Vishveshwara Compound, Sri Nager, Karaikudi, Sivagangai District. For Petitioner : Mr.B.Micheal Sebastin For Respondents : Mr.R.Sivakumar Government Advocate (Crl.side) 1/4

ORDER

This Writ Petition has been filed to forbear the Respondents from interfering with the peaceful conduct of business at Ayur Bhavanam Ayurvedic Spa, No.3, Vishveshwara Compound, Sri Nager, Karaikudi, Sivagangai District. 2.It is the submission of the learned Counsel for the Petitioner that the Petitioner had enclosed the certificate obtained by him from the Bharath Sevak Samaj regarding BSS Diploma in Ayurveda Massage and Treatment course. Lease agreement also entered into with the landlord of the premises, where the Ayur Bhavanam Ayurvedic Spa is run by the Petitioner. Also, the Petitioner had enclosed the copy of the petition filed before the Respondents seeking permission to run the Spa.

3.The learned Counsel for the Petitioner, in support of his contention, relied on the ruling of this Court in W.P.(MD) No.14747 of 2020 (Honey Ayurvedic Spa Vs. The Commissioner of Police, Tiruchirappalli and others) dated 28.10.2020 and the case of Masti Health and Beauty Private Limited, Vs. Commissioner of Police, Chennai City and others reported in (2015) 1 MLJ 308. 2/4

4.The learned Government Advocate (Crl.side) for the Respondents would submit that the representation of the Petitioner is pending with the Respondents. The Respondents summoned the Petitioner. But the Petitioner did not appear for enquiry. Therefore, the permission has not been granted so far. 5.In the light of the submission made by the learned Government Advocate (Crl.side), the Respondents are directed to act as per the reported ruling of this Court in the case of Masti Health and Beauty Private Limited, Vs. Commissioner of Police, Chennai City and others reported in (2015) 1 MLJ 308 and the case in W.P.(MD) No.14747 of 2020 (Honey Ayurvedic Spa Vs. The Commissioner of Police, Tiruchirappalli and others) dated 28.10.2020. 6.With the above directions, this Writ Petition is disposed of. No costs. 15.11.2022 Index : Yes / No Internet : Yes / No mm 3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm TO:

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Pallathur Police Station, Sivagangai District.

Order made in W.P.(MD)No.23237 of 2022 Dated:

15.11.2022 4/4