Madras High Court
C.Staniya Chacko vs The Commissioner Of Police on 19 July, 2019
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2019
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P No.17579 of 2019
C.Staniya Chacko
...Petitioner
Vs.
1.The Commissioner of Police,
62, Old Post Office Road,
Near Railway Station,
Gopalapuram,
Coimbatore.
2.State Rep. by
The Inspector of Police,
Rathinapuri Police Station,
Coimbatore District.
...Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, praying to direct the 2nd respondent to issue an "No
Objection Certificate" to the petitioner in order to enable the petitioner to
get the License in accordance with the Official Gazette Notification 252,
dated 16.07.2018 and also forbear the 2nd respondent not to unduly
interfere with the peaceful conduct of the business i.e., the Cross Massage
of "SENCES SPA CROSS MASSAGE" at No.14 A, Manasarovar, P.M.Samy Colony,
Indra Nagar, Rathinapuri, Coimbatore - 641 027.
http://www.judis.nic.in
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For Petitioner : Mr.M.Guruprasad
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to to direct the 2nd respondent to issue an "No Objection Certificate" to the petitioner in order to enable the petitioner to get the License in accordance with the Official Gazette Notification 252, dated 16.07.2018 and also forbear the 2nd respondent not to unduly interfere with the peaceful conduct of the business i.e., the Cross Massage of "SENCES SPA CROSS MASSAGE" at No.14 A, Manasarovar, P.M.Samy Colony, Indra Nagar, Rathinapuri, Coimbatore - 641 027.
2. The learned Additional Public Prosecutor on instructions submitted that the petitioner is already running a SPA and the police are under the impression that already No Objection was given by the police. If the petitioner has not obtained any "No Objection Certificate", the petitioner can be directed to approach the second respondent and the second respondent will consider the grant of "No Objection Certificate" to the petitioner.
http://www.judis.nic.in 3
3. Recording the submission of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of with a direction to the petitioner to make a representation to the second respondent seeking for "No Objection Certificate" for running the business and the second respondent on receipt of the representation shall consider the same and 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 run in accordance with law.
19.07.2019 Index: Yes/No Internet: Yes/No ub Note: Issue order copy on 23.07.2019. http://www.judis.nic.in 4 N.ANAND VENKATESH.J., ub To
1.The Commissioner of Police, 62, Old Post Office Road, Near Railway Station, Gopalapuram, Coimbatore.
2.State Rep. by The Inspector of Police, Rathinapuri Police Station, Coimbatore District.
3. The Public Prosecutor, High Court of Madras.
CRL.O.P No.17579 of 2019
19.07.2019 http://www.judis.nic.in