Partly allowed

M.M.Sanker v. The Government of Tamil nadu

Madras HC13 Sept 2019WP/23331/2019

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the petitioner challenged police interference in his civil business activities under the guise of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act. The Court directed the Assistant Commissioner of Police to consider the petitioner's representation on merits within six weeks without adjudicating on the lawfulness of the interference.

What did the court decide?

Direction to the 4th respondent to consider the petitioner's representation on merits and pass appropriate orders within six weeks.

M.M.Sanker Vs The Government of Tamil nadu — Service and Employment | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.09.2019

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CORAM :

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THE HONOURABLE MR.JUSTICE M.S.RAMESH

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W.P.No.23331 of 2019

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M.M.Sanker .. Petitioner

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Vs.

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The Government of Tamil Nadu Represented by its Secretary to Government, Home Department, Fort St. George, Chennai – 600 009. 2. The Director General of Police, Office of the Director General of Police, No.1, Dr.Radhakrishnan Road, Mylapore, Chennai – 600 004. 3. The Commissioner of Police, Greater Chennai Police, No.132, Office Building, EVK Sampath Road, Vepery, Chennai – 7. (RR1 to R3 deleted as per order dated 08/08/2019 in WP.No.23331/2019 4. The Assistant Commissioner of Police, CCB in charge of Kandhuvatti Section, Greater Chennai Police, No.132, Office Building, EVK Sampath Road, Vepery, Chennai – 600 007. 5. The Inspector of Police, CCB in charge of Kandhuvatti Section, Greater Chennai Police, No.132, Office Building, EVK Sampath Road, Vepery, Chennai – 600 007. 6. The Inspector of Police, F2,Egmore Police Station, Egmore High road, Egmore, Chennai – 600 008. 7. The Inspector of Police, T3, Korattur Police Station, East Avenue Road, Korattur, Chennai – 600 080. .. Respondents [ R1 to R3 are deleted vide this Court Order dated 08.08.2019 made in W.P.No.23331 of 2019]

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https://hcservices.ecourts.gov.in/hcservices/

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents herein from in any manner by themselves or through their subordinates or agents or men from interfering with the lawful business activities of the petitioner including harassing the petitioner and his family members especially in matters which are of civil in nature under the guise of invoking to impose “Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003” or any penal provisions without following the due process of law by considering the representation dated 15.04.2019.

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For Petitioner : Mr.N.S.Thanu Madhan For Respondents : Mr.C.Iyyapparaj

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Additional Public Prosecutor

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ORDER

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The limited prayer sought for in the present writ petition is for a direction to the respondents to consider the petitioner's representation dated 15.04.2019, wherein he has ventilated his grievance stating that the respondents herein are interfering with the lawful business activities of the petitioner which are civil in nature under the guise of imposing the provisions of the Tamilnadu Prohibition of Charging Exorbitant Interest Act, 2003.

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2.In my view, this Court may not be justified in taking the decision as to whether such interfere is lawful or not or within the purview of the respondents herein.

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3.Nevertheless, in view of the limited prayer sought for and without going into merits of the case, there shall be a direction to the 4^th respondent viz., The Assistant Commissioner of Police, CCB in charge of Kandhuvatti Section, Greater Chennai Police, Vepery, Chennai – 600 007, to consider the petitioner's representation dated 15.04.2019 on merits and pass appropriate orders in accordance with law as expeditiously as possible, in any event, within a period of six weeks from the date of receipt of a copy of this order.

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https://hcservices.ecourts.gov.in/hcservices/

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This writ petition is disposed of, accordingly. No costs.

Sd/-

Asst.Registrar

/true copy/

Sub Asst. Registrar

ssr To

The Assistant Commissioner of Police, CCB in charge of Kandhuvatti Section, Greater Chennai Police, No.132, Office Building, EVK Sampath Road, Vepery, Chennai – 600 007. 2. The Inspector of Police, CCB in charge of Kandhuvatti Section, Greater Chennai Police, No.132, Office Building, EVK Sampath Road, Vepery, Chennai – 600 007. 3. The Inspector of Police, F2,Egmore Police Station, Egmore High road, Egmore, Chennai – 600 008. 4. The Inspector of Police, T3, Korattur Police Station, East Avenue Road, Korattur, Chennai – 600 080. 5. The Public Prosecutor, High Court, Madras. +3 cc to Mr.ThanuMadhan Advocate sr79030

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W.P.No.23331 of 2019

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spd(co) aa20/09/2019

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https://hcservices.ecourts.gov.in/hcservices/

M.M.Sanker v. The Government of Tamil nadu

Case brief

What is this about?

What did the court decide?

M.M.Sanker v. The Government of Tamil nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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