The court upheld the cancellation of the Public Resort License due to violations of license conditions and safety regulations as per local laws.

O R D E R

This petition has been filed challenging the order passed by the first respondent dated 23.01.2025 thereby cancelling the Public Resort License of the petitioner and renewal of license.

2. The petitioner is carrying on business in Hotel Industry in the name and style of “Hotel Platinum Stars”. He has also conducted Indian Cultural Dance in the Hotel. He has obtained license to conduct Indian Cultural Dance subject to certain conditions. Subsequently, it was renewed till 31.12.2024.

3. When the petitioner applied for renewal of license he was issued show cause notice dated 27.11.2024, calling upon the petitioner to show cause as to why his request for allowing to conduct cultural dance show at ''Hotel Platinum Stars'' should not be rejected and the public resort license should not be cancelled in view of the violation of license conditions and under Section 76(1) of the Madras City Police Act , 1888.

The petitioner submitted the explanation dated 02.12.2024.

4. On receipt of explanation and also considering the reports submitted by the Deputy Commissioner of Police dated 27.12.2024 and 31.12.2024, the petitioner's license was cancelled by the order dated 23.01.2025. Pursuant to the cancellation of license, application submitted for renewal of license was also rejected by an order dated 17.02.2025.

5. The learned counsel for the petitioner submitted that the respondents harassed the petitioner and the petitioner was constrained to approach this Court in W.P.No.13073 of 2025 seeking direction to the respondents not to interfere with the peaceful conduct of cultural dance show under the license. This Court directed the respondents to pass appropriate orders after causing notice to the petitioners. Even without considering the explanation submitted by the petitioner, the first respondent cancelled the license issued to the petitioner. Already, this Court held that when the person commits breach of conditions of the license or commits other criminal offence like obscene dance, the licensing authority can only cancel the order or suspend the license. The licensing authority cannot refuse to renew license. In fact, as on the date of the order i.e., 21.03.2025, already period of license got expired on 31.12.2024. Therefore, the cancellation of license does not arise and as such the first respondent should not have rejected the application to renew the license of the petitioner to conduct Indian Cultural Dance.

6. He further submitted that the impugned order says that the petitioner failed to provide sufficient evidence to disprove the allegations as against the activities conducted in the hotel premises. The petitioner assured installation of CCTV Cameras. However, the petitioner had failed to provide CCTV records as evidence and the petitioner also informed that there is no back up of CCTV footages for the year 2024. It is not one of the conditions while granting license to the petitioner. That apart, CCTV footages cannot be stored for the entire year of 2024 and if any accident happens in a particular period, that alone can be provided. Further, the first respondent stated that there was a complaint from the general public and enquiry was also conducted and no such evidence was produced along with the enquiry report. No public lodged any complaint. Only because the petitioner approached this Court against the respondents 1 to 3, the petitioner was issued show cause notice and subsequently the license was cancelled.

7. A perusal of the counter filed by the respondents and also the submissions made by the learned Government Advocate (Crl.side) revealed that as directed by this Court in W.P.No.31498 of 2024, the petitioner was issu