Facts of the Case

The petitioner, S.Yuvaraj, filed a writ petition before the Madurai Bench of the Madras High Court seeking a writ of mandamus directing the Commissioner of Police, Madurai City, and the Inspector of Police, K.Pudur Police Station, to issue a No Objection Certificate (NOC) permitting him to run a 'Green Spa and Beauty Care' establishment in Madurai.

The petitioner had earlier filed a similar writ petition (W.P.(MD).No.21438 of 2023), which was withdrawn with liberty to re-file because he could not then produce the lease deed for the premises. He subsequently obtained all the required documents, including the lease deed, registered his business under GST, approached the Municipal Authorities for permission, and relied on a Government Notification dated 27.02.2019 prescribing the procedure for opening a spa. His application for police NOC, however, remained pending.

The Government Advocate (Criminal Side) for the police respondents did not oppose issuance of the NOC in principle, and submitted that it would be granted once the petitioner satisfied all requirements, including municipal clearance.

Issues Involved

  1. Whether the police respondents could be directed to consider and grant the pending application for a No Objection Certificate for the petitioner's spa business.

Petitioner's Arguments

  • The petitioner had completed all documentation required by the 2019 Government Notification governing spa licensing, including the lease deed, GST registration, and a municipal-authority application, and his representation for the NOC remained pending without action.

Respondent's Arguments

  • The police were willing to issue the NOC once the petitioner fulfilled all requirements, including obtaining clearance from the Municipal Authorities, in terms of the Government Notification dated 27.02.2019.

Court Order / Findings

  • The Court, on considering submissions from both sides, disposed of the writ petition by directing the police respondents to issue the No Objection Certificate upon the petitioner fulfilling all requirements, including municipal clearance.
  • No costs were ordered.

Important Clarification

This order is about business licensing for a spa establishment, not about GST law. The petitioner's GST registration was mentioned only as one of several compliance documents supporting his application – the Court did not examine or decide any GST question.

Sections Involved

  • Constitution of India, 1950 – Article 226 (writ of mandamus)
  • State/municipal regulations and Police licensing procedure for spa and beauty-care establishments (Government Notification dated 27.02.2019)

Decision – In Favour of

The writ petition was disposed of in favour of the petitioner to the extent that the police were directed to grant the NOC once documentary and municipal requirements are satisfied; this is a conditional, procedural direction rather than an outright merits-based victory.

Case Details

  • Court: Madurai Bench of the Madras High Court
  • Case No.: W.P.(MD)No.22768 of 2023
  • Coram: Dr. Justice D. Nagarjun
  • Date: 20.09.2023

Link to Download the Order

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