IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.13184-13200 OF 2018 (GM-POLICE) Between:
1. Mrs.Cynthia, W/o.Praveen, Aged about 38 years, Off/a. A.P. Tower Ballal Bagh, Kodialbail, Mangalore.
R/o. “Sheeba Suhani”, Kottara Cross, I Street, Bejai Post, Mangalore, D.K.District-575004.
2. Mrs Susheela K S, W/o H M Nagaraj, Aged about 43 years, Off/a Manjesh Arcade, Ashoknagar, Mangalore, R/o Near S D C Bank, Ashoknagar Post, Mangalore, D.K.District-575006.
3. Mr Sonu Philip, S/o C I Philip, Aged about 32 years, Off/a Kankanady Bye Pass Road, Kankanady Mangalore, R/o. Kaipuzha House, Pazhavangadi Post, Ranny, Pathanamthitta District, Kerala State-689673.
4. Mr Maxim K Kurian, S/o K P Kurian, Aged about 36 years, Off/a Shiv Deep Residency, Shivabagh, Mangalore, R/o Sarojini Shetty Compound, Dharmanagar, Ullala, Mangalore, D.K.District-575020.
5. Mr Nagesh, S/o Laxminiarayan, Aged about 37 years, Off/a Sona Palace Building, Near Infosys Technology, Kottara Bus Stop Junction, Kottara, Mangalore, R/o Uddada Bettu, Karamar House, Maravoor Village, Bajpe Post, Mangalore, D.K.District-574142.
6. Mr Rakesh Shetty, S/o Jayanand Shetty, Aged about 32 years, Off/a. Smart Tower, Near K.M.C. Hospital, Jyothi Circle, Mangalore, R/o. Vyasanagar, Behind KPT, Mangalore, D.K.District-575004.
7. Mrs Lokesh Rai, S/o Sanjeeva Rai, Aged about 42 years, Off/a Lower Bendoor Road, Near Colaco Hospital, Mangalore, R/o Amai House, Ariyadka Village, Puttur, D.K.District-575004.
8. Sri Krishna Salian, S/o Late Aithappa Poojary, Aged about 40 years, Off/a. Arya Samaja Road, Balmatta, Mangalore, R/o “SAMBRAMA”, Subramanya Nagar, Pedmale Post, Neermarga, Mangalore, D.K.District-574142.
9. Mr Anuaj B M, S/o Divkar B M, Aged about 38 years, Off/a Abreos Compound, Near Bejai Museum, Mangalore, R/o Talapady House, Hosangady B Manesuar, Kasargod, Kerala State-671323.
10. Sri Vinod P Shetty, S/o Prabhakar Shetty, Aged about 39 years, Off/at Near Adhitya Commercial Complex, K.S.R.T.C. Road, Bepjai, Mangalore, R/at D.No.2-132, Dota House, Kenjar Post, D.K.District-574142.
11. Sri Shekhar Gowda, S/o Soma Gowda, Aged about 43 years, Off/at Pio Mall, Near Capuchin Friary, Kodialbail, Bejai, Mangalore, R/at D.No.3-50-06 (18), Near Ramanjaney Stores, Kavoor, Mangalore, D.K.District-575015.
12. Sri Puneeth Kumar C, S/o Chandashekhar, Aged about 30 years, Off/at Opp. Kadri Petrol Station, Near Canara Bank, Kadri, Mangalore, D.K.District, R/a 1-33/5, Ballur House, Kannur, Mangalore, D.K.District-575007.
13. Sri Mohandas Bhandary, S/o Srinivas Bhandary, Aged about 46 years, Off/at Samrata Towers, Balamatta New Road, Mangalore, R/a “Shree Shakthi Nilaya”, Pilar Daranda Bagilu, Someshwar Village, Kotekar Post, Mangalore-575022.
14. Sri Suren N Amin, Narayan Amin, Aged about 42 years, Off/a Oberle Towers Complex, Balamatta Road, Mangalore, R/at “ONE ZONE”, Vaidyanath Nagar, New Layout, R.N. 102, Attavar, Pandeshwar Post, Mangalore, D.K.District-575001.
15. Sri Prabhakar Shetty, S/o Vishvanath Shetty, Aged about 33 years, Off/at Shiva Deep Residency, Shivabagh, Mangalore, R/a D No.18-65/105, Abbakkanagar, Ombattukere, Ullal Post, Mangalore, D.K.District-575020.
16. Sri Sharathkumar Alva, S/o C H Seetharam Alva, Aged about 37 years, Off/a Presidency Zone-1, Bendoorweel, Mangalore, R/o Bramhmari Nilaya, Near Ambabhavani Maheshwari, Bhajana Mandir, Amba Nagar, Arekerebail, Jeppu, Mangalore-575001.
17. Sri Santosh Kumar, S/o Babu Naik, Aged about 38 years, Off/at Bhoomika Towers, Bendoorweel Circle, Kankanady, Mangalore, D K District-575002. ... Petitioners (By Sri. Rajarama Sooryambail, Advocate-Absent) And:
1. Commissioner of Police, Mangalore City, Near A.B. Shetty Circle, State Bank, Mangalore-01, D.K.District.
2. The Commissioner, Mangalore City Corporation, Lalbhagh Main Road, Mangalore-575003. ... Respondents (By Sri.Vijay Kumar.A.Patil, AGA for R1 & R2) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to direct the 1st Respondent and their men, agents and officers from any manner not to disturbing or interfering with carrying a lawful profession of the Petitioners like Ayurvedic Panchakarma Therapeutic and Health Center in the interest of justice.
These Writ Petitions coming on for preliminary hearing in ‘B’ group, this day, the Court made the following:
ORDER Sri. Rajarama Sooryambail, learned Counsel for the Petitioners.
Sri. Vijay Kumar A.Patil, learned Additional Government Advocate for the Respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioners, inter alia, prayed for the following reliefs:-
“ (A) ISSUE a Writ in the nature of Mandamus directing the 1st Respondent and their men, agents and officers from any manner not to disturbing or interfering with carrying a lawful profession of the Petitioners like Ayurvedic Panchakarma Therapeutic and Health Centre.
(B) ISSUE any other Writ, order or direction as this Hon’ble Court may deem fit to grant in the facts and circumstances of the case including an order as to costs”.
3. From perusal of the record, it transpires that the Petitioners are running “Ayurvedic Panchakarma Therapeutic and Health Centre”. It is also averred in the writ petitions that they have obtained the licence to run the same. However, it is the grievance of the Petitioners that the Respondents are trying to interfere with the business activity of the Petitioners.
4. Mr.Vijaykumar A. Patil, learned Additional Government Advocate for the Respondents – State fairly states that the Respondents shall take the action against the petitioners if they are carrying on any unlawful or illegal activities, otherwise the petitioners shall be permitted to carry on the business.
5. In view of the aforesaid submission and in the facts of the case, the writ petitions are disposed of with a direction to the Respondents to permit the Petitioners to carry on the business, subject to the condition that they do not carry on any unlawful or illegal activity in their premises.
Needless to state that in case the petitioners carrying on any unlawful or illegal activity, the Respondents shall be at liberty to take action against them.
Sd/- JUDGE Srl.