PAYEL BISWAS Vs. COMMISSIONER OF POLICE, TRICHY

JUDGEMENT

(1.) After a tiring day trekking in the forest, Lord Rama chose a resting place. He dropped his bow and arrows on the ground. When he woke up the next morning, he found that one of his arrows had fatally pierced a frog. The frog was about to breathe its last. The anguished Rama asked the frog as to why it did not raise an alarm. The innocent frog replied, "when others hurt me, I call your name "Rama Rama"-but when you are the source of trouble-who else can I call?".

(2.) Any constitutional democracy (the prefix 'constitutional' is significant. An authoritarian political arrangement can claim to be people's democracy) rests on three pillars. When the individual liberty is threatened by legislative or executive action, one turns to judiciary for relief and remedy. In State of Madras v. V.G. Row (AIR 1952 SC 196), Justice M. Patanjali Sastri, C.J. remarked that the Supreme Court had been assigned the role of a sentinel on the qui vive as regards the fundamental rights. I venture to think that this applies with equal force to every court and not just the constitutional courts.

(3.) Why such reflections and prefatory remarks? The petitioner herein is running a Spa in the name and style of "Queen Ayurvedic Cross Spa Centre" at Trichy. Originally, there was no law regulating the said business and no license was required from any governmental authority. Since vide Gazette Notification No. 252 dtd. 16/7/2018, obtaining of license has been made mandatory, the petitioner applied for such license. Since no action was taken on his request, he filed this writ petition for directing the police authority to issue "no objection certificate". He also wanted this Court to restrain the police from interfering with the running of the Spa. The petitioner's counsel relied on an earlier order dtd. 12/8/2021 made in WP No. 16811 of 2021. A learned Judge of this Court had directed the authorities concerned to issue "no objection certificate", if the applicant satisfied all the requirements. In the event of granting such NOC, the respondents were restrained from interfering with the activities of the Spa so long as it is run in accordance with law. I was informed that a number of such orders have been passed. In line with the same, I disposed of the writ petition on 21/12/2021.