W.P(MD) No. 19350 of 2014 and M.P(MD) No. 1 of 2014. Case: Radhakrishnan Vs The Inspector General of Police. High Court of Madras (India)

Case NumberW.P(MD) No. 19350 of 2014 and M.P(MD) No. 1 of 2014
CounselFor Appellant: R. Gandhi, Adv. and For Respondents: V. Muruganandam, Additional Government Pleader
JudgesM. Venugopal, J.
IssueConstitution of India - Article 21
Judgement DateNovember 28, 2014
CourtHigh Court of Madras (India)

Order:

M. Venugopal, J.

  1. According to the Petitioner, he is an Ayurvedic Panjakarma Therapist and native of Thiruvilla Village in the State of Kerala. His ancestors had served and given Ayurvedic treatment to general public. Similarly, he had also studied Panjakarma Therapy and duly obtained certificate for doing therapy in Kerala. Now, he has come down to Tamil Nadu and learnt Siddha Medicine and has become a Life Member of "Kongu Mandala Parampariya Siddha Maruthuvargal Sangam". He has been practising Panjakarma Ayurvedic treatment for the past nine years.

  2. The stand of the Petitioner is that five years ago, he had established an Ayurvedic Centre in Kodaikanal, Convent Road, in the name and style of 'Vrindha Ayurvedic Massage Centre'. He has obtained licence for the above Centre from Kodaikanal Municipality. He has been paying commercial tax for running the Centre. He has a certificate from the Commercial Tax Department and Tin Number is 33495321048. He is also paying sales tax as procedure prescribed by the Department then and there. His Ayurvedic Centre is assessed Income Tax for the past five years and the annual returns have been filed by him regularly.

  3. According to him, he is doing his business in a proper way at his Ayurvedic Centre. In order to prevent him from doing his business, his business rivalries had instigated the Respondents 3 and 4 Police to give unnecessary harassment to him in order to stop the Ayurvedic Centre. During the year 2011, an attempt was made by the police personnels attached to the Fourth Respondent/Police Station to close his Centre in an unlawful way. At that time, he had approached this Court and filed Crl.O.P(MD)No. 5245 of 2011, which was allowed, by this Court, on 18.10.2011. Subsequently, the Fourth Respondent Police have not interfered in the affairs of his Ayurvedic Centre.

  4. Moreover, on 24.06.2013, at about 01.00 p.m., the Fourth Respondent Police along with four Police Personnels had come to his Ayurvedic Centre and called him over mobile phone and immediately rushed to his Centre. In the meanwhile, the Fourth Respondent and his subordinates had criminally trespassed into his Ayurvedic Centre and damaged the properties therein. Also, they had damaged the name board kept outside the Ayurvedic Centre. Hence, he had filed a direction petition before this Court in Crl.O.P.No. 11386 of 2013, praying for passing of an order by this Court, in directing the respondent police not to harass...

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