S.Shamim Asha v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR S.Shamim Asha .. Petitioner Vs
1. The Superintendent of Police Office of the Superintendent of Police Madurai District
2. The Inspector of Police Alanganallur Police Station Madurai City ....Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to issue the No Objection Certificate in the petitioner's favour by considering the representation dated 09.12.2024 for running his Glow Saloon and SPA situated at Plot No.13, Kovilpappakudi, Madurai District For Petitioner : Ms. Indrani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/6
ORDER
This Writ Petition has been filed to direct the respondents herein to issue the No Objection Certificate in the petitioner's favour by considering the representation dated 09.12.2024 for running his Glow Saloon and SPA situated at Plot No.13, Kovilpappakudi, Madurai District
2. The learned Additional Public Prosecutor appearing for the respondents on instructions submitted that the petitioner is already is running a SPA in the name of Glow Saloon and SPA and the police are under the impression that already No Objection Certificate was given by the police.
3.This Court on an earlier occasion had elaborately discussed about the similar subject and passed order dated 09.12.2014 in W.P.Nos. 24629/2014 etc., batch reported in 2015[1]MLJ 308 in the case of Masti Health and Beauty Private Limited Vs. Commissioner of Police , Chennai. It is relevant to extract paragraph 66 & 67 of the above said order which reads as follows:- 2/6
"66.Therefore, if the respondents wish to regulate the business/profession of health centres, massage parlours and spas, they must take recourse either to the enactment of a legislation or to the issue of rules/bylaws in exercise of the power conferred by the respective enactments to make subordinate legislation. 67.In the light of the above, all the writ petitions are disposed of to the following effect:- [I] In specific cases, where the police have reasonable grounds to believe that an offence punishable under the Immoral Traffic [Prevention] Act, has been or is being committed, it is open to the police to take action, after scrupulously following all the steps indicated in Section 15 of the said Act.
are taken care of. The Government shall file a report on or before 31.03.2015, before this Court, about the decision taken. No costs Consequently all connected pending MPs are closed.".
4. In the light of the said order, this Court is inclined to direct the respondents to comply with the directions/conditions imposed in paragraph. 67 of the said order as extracted above. It is also made clear that the petitioner under the guise of carrying on business activity shall not indulge in any unlawful or illegal activities detrimental to law and order or public order. It is further made clear that this order will not prohibit the respondents/authorities concerned from interfering in the petitioner's business activities, if there is any violation on the part of the petitioner.
5.Recording the submission of the learned Additional Public Prosecutor,this Writ Petition stands disposed of with the direction to the petitioner to make representation to the second respondent seeking 'No Objection Certificate' for running his business and the second respondent on receipt of the representation shall consider the same and 4/6
issue 'No Objection Certificate' if he satisfies all the requirements. In the event of 'No Objection Certificate is granted the respondent police shall not thereafter interfere with the business of the petitioner until it is running in accordance with law. No costs.
03.01.2025 Index: Yes/No Internet : Yes/No aav To
1. The Superintendent of Police Office of the Superintendent of Police Madurai District
2. The Inspector of Police Alanganallur Police Station Madurai City
3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.
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M.NIRMAL KUMAR, J.
aav 03.01.2025 6/6