High CourtsSingle Bench(2010) 12 MAD CK 0084

M. Dileep vs The Commissioner of Polic and The Inspector of Police

Madras High Court · Decided on 13 December 2010

HON’BLE JUDGES
M. Jaichandren, J
CASE NUMBER
Writ Petition No. 25074 of 2010 and M.P. No. 1 of 2010

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Judgment

15 paragraphs · 319 words

M. Jaichandren, J.—This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus, to direct the

Respondents and others from interfering with the business carried on by the Petitioner in the name and style of ''Soubhakya Ayur Care SPA'' at

No. 1/153, Hosur Amman Koil Street, Salamangalam Village, Padappai Post, Kanchipuram District.

2.

At this stage of the hearing of the Writ petition, the learned Counsel appearing on behalf of the Respondents had submitted that the Petitioner

had not completed the building in which he is supposed to be conducting his business. Further, there is no complaint against the Petitioner, till date.

Therefore, this Writ Petition is premature in nature.

3.

The learned Counsel appearing on behalf of the Petitioner had placed before this Court, an order, dated 07.09.2010, made in W.P. No. 19588

of 2009, wherein it has been stated that, as long as the Petitioner carries on his business in a lawful manner, the Respondent cannot prevent him

from doing so. However,when the Respondents find that some illegal activities are carried on in the Petitioner''s spa, the Respondents are at liberty

to take appropriate action, against the Petitioner, in accordance with law.

4.

In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned Counsels

appearing on behalf of the parties concerned, this Court finds it appropriate to hold that, as long as the Petitioner carries on his business in a lawful

manner, the Respondents should not prevent him from doing so. However, if it is found that the Petitioner is indulging in illegal activities, contrary to

law, the Respondents would be at liberty to initiate appropriate action against the Petitioner, in accordance with the relevant provisions of law.

5.

This Writ Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.