Case Note & Summary
The petitioner, R. Bavani, proprietor of 'BLUE SKY AYURVEDIC SPA', filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct respondents 2 and 3 (the Commissioner of Police and the Inspector of Police, Velacheri) to issue a No Objection Certificate (NOC) to enable the first respondent (the Commissioner, Velacheri Corporation) to issue a Trading License in her favour. The petitioner had submitted a representation on 21.01.2026, which was not considered. The petitioner's counsel argued that the business was registered with MSME and had been running without complaint, and relied on the Chennai City Municipal Corporation Notification dated 27.02.2019 and the Madurai Bench decision in Payel Biswas v. The Commissioner of Police, Trichy City. The Additional Public Prosecutor submitted that the representation would be considered on merits but stated that the petitioner cannot conduct illegal activities under the guise of a spa. The court observed that it cannot direct issuance of a license as it is a discretionary power, but can direct consideration of the representation. The court further held that the police have no power to require an NOC for a beauty parlour or spa as there is no specific statutory provision, and they shall not interfere with lawful business except on specific complaint or credible information regarding illegal activities under the Immoral Traffic (Prevention) Act, 1956. The court directed respondents 2 and 3 to consider the petitioner's representation dated 21.01.2026 on its own merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of the order, and to communicate the decision to the petitioner.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Direction to Consider Representation - The court cannot direct issuance of a license as it is a discretionary power, but can direct authorities to consider a pending representation on its merits and in accordance with law (Paras 5-6). B) Police Powers - No Objection Certificate - No Statutory Requirement - The police have no power to require an NOC for a beauty parlour or spa business as there is no specific statutory provision mandating such a certificate. The police shall not interfere with lawful business except on specific complaint or credible information regarding illegal activities under the Immoral Traffic (Prevention) Act, 1956 (Para 6).
Issue of Consideration
Whether the police authorities can be directed to issue a No Objection Certificate for a trading license and whether they can interfere with the lawful business of a spa without specific complaint or credible information.
Final Decision
The court disposed of the writ petition directing respondents 2 and 3 to consider the petitioner's representation dated 21.01.2026 on its own merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of the order, and communicate the decision to the petitioner. The court clarified that the police shall not interfere with the lawful conduct of business except on specific complaint or credible information regarding illegal activities under the Immoral Traffic (Prevention) Act, 1956.
Law Points
- Writ of Mandamus
- No Objection Certificate
- Trading License
- Police interference
- Discretionary power
- Article 226
