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Madras High CourtWP(MD)/22348/2018dismissed

B.Kuttimani v. The Superintendent Of Police

2019-07-19Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 19.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD).No.22348 of 2018 B.Kuttimani ... Petitioner -Vs1. The Superintendent of Police, Trichy District, Trichy.

2. The Deputy Superintendent of Police, Jeeyarpuram Sub Division, Trichy District.

3. The Inspector of Police, Pulivalam Police Station, Trichy District.

4.Immanuel Rayappan, Inspector of Police, Pulivalam Police Station, Trichy District.

5.Jaheerkhan, Sub Inspector of Police, Pulivalam Police Station, Trichy District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus forbearing the third respondent from interfering with the peaceful carrying of business of the petitioner in the name and style of Karunas Hotel at Kuruvikarankulam Main Road, Peramangalam, Musuri Taluk, Trichy District and consequently direct the respondents 1 and 2 to take necessary action against the respondents 4 and 5, based on the representation of the petitioner, dated 26.10.2018. For Petitioner :

Mr.M.Karunanidhi For R1 to R3 :

Mr.K.K.Ramakrishnan Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This writ petition has been filed seeking a direction to the third respondent not to interfere with the business of the petitioner, who is running a Hotel at Kuruvikarankulam Main Road, Peramangalam, Musuri Taluk, Trichy District.

2. The grievance of the petitioner is that he is running a hotel nearby TASMAC Shop. Now, the third respondent police has threatened the petitioner and foisted a false case against him. Hence, the present writ petition has been filed.

3. The learned Additional Public Prosecutor on instructions would submit that the petitioner is running a mini Bar and a crime has been registered against one Thanasekar in Crime No.54 of 2018 for an offence under Section 4(1)(K) of the Tamil Nadu Prohibition Act. In Crime No.54 of 2018, the above said Thanasekar has admitted his guilt and paid a fine amount of Rs.750/- in S.T.C.No.623 of 2018, dated 06.09.2018, before the learned Judicial Magistrate, Thuraiyur.

4. Considering the fact that the petitioner is running a mini Bar, without any proper licence, the prayer sought for by the petitioner cannot be granted. Hence, this writ petition is dismissed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To

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

2. The Deputy Superintendent of Police, Jeeyarpuram Sub Division, Trichy District.

3. The Inspector of Police, Pulivalam Police Station, Trichy District.

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

+1 CC to Mr.M.KARUNANITHI, Advocate SR-77020. W.P.(MD).No.22348 of 2018 19.07.2019 CS(13.08.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/