Yuvaraj.S vs. The Commissioner Of Police

Facts

The petitioner, S. Yuvaraj, filed a writ petition seeking a Mandamus to direct the respondent Police to issue a No Objection Certificate (NOC) for running a "Green Spa and Beauty Care". The petitioner had previously filed a similar petition which was withdrawn to enable him to submit all required documents, including a lease deed. He stated that he had now registered the spa under GST, approached Municipal Authorities for permission, and filed a relevant Government Notification. The petitioner's application for an NOC to the police remained unconsidered. The respondents, represented by the Government Advocate (Criminal Side), stated that the police would issue the NOC if all requirements, including municipal permission and compliance with a Government Notification dated 27.02.2019, were met.

Held

The Court disposed of the writ petition by directing the respondent Police to issue the No Objection Certificate. The decision was based on the submissions made by both parties. The Court found that the petitioner had indicated fulfillment of various prerequisites for running the spa, including GST registration and approaching municipal authorities. The respondents, in turn, stated their willingness to grant the NOC once all requirements were met, specifically mentioning municipal clearance and compliance with the Government Notification dated 27.02.2019. The Court's direction is contingent upon the petitioner satisfying these conditions. The ratio decidendi is that administrative authorities should act upon pending applications once the applicant demonstrates compliance with statutory and procedural requirements, as assured by the authority itself.

Key Issues

1. Whether the Court should direct the respondent Police to issue a No Objection Certificate for running a spa, considering the petitioner's representation dated 07.09.2023? (Question of law and fact, concerning administrative directions and procedural compliance). Petitioner's contention: The petitioner argued that he had fulfilled all necessary requirements, including GST registration, municipal clearance, and submission of a lease deed and relevant government notification. He contended that his application for an NOC was pending consideration by the police and sought a direction for its issuance. Revenue's contention: The respondents submitted that the No Objection Certificate would be granted by the police upon the petitioner fulfilling all stipulated requirements, including obtaining permission from the Municipal authorities and adhering to the procedures outlined in the Government Notification dated 27.02.2019.