IN THE HIGH COURT OF JUDICATURE AT MADRAS Orders Reserved On: 07.03.2025 Orders Pronounced on : 14.03.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.7285 of 2025 and W.M.P.Nos.8105 & 8106 of 2025 Radha Rajalakshmi Hotels Private Limited, Represented by its Authorised Signatory, Mr A. John Cyril Raj, Chief Security Officer, at No 4/129 Mount Poonamallee Road, Chennai 600 089.

.... Petitioner Vs

1. The Director General of Police, At No. 1 Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

2.The Commissioner of Police, Greater Chennai Police, Veperi, Chennai 600 007.

3.The Assistant Commissioner of Police, St. Thomas Mount Range, Alandur, Chennai 600 016.

4.The Inspector of Police, (Law and Order), Greater Chennai Police, S4, Nanthambakkam Police Station, Chennai 600 089.

.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the Show Cause Notice dated 21.02.2025 issued by the 3rd Respondent and quash the same and consequently direct the 2nd respondent to dispose the renewal application dated 06.12.2024 filed by the petitioner within a time limit fixed by this Court.

For Petitioner : Mr.Sathish Parasren Senior Counsel for Mr.Vijayan Subramanian For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This writ petition has been filed challenging the order dated

21.02.2025 passed by the third respondent also for the consequential direction to dispose of the petitioner's renewal application dated 06.12.2024 filed by the petitioner for renewal of Public Resort License (in short 'PRL') for the year 2024.

2. The learned counsel for the petitioner submitted that the petitioner's company runs a luxury five-star hotel under the name "Feathers-A Radha Hotel" situated at Mount Poonamallee Road, Chennai 600 089 and the said hotel commenced operations in the year 2016.

While being so, the 4th respondent registered an FIR bearing Crime No.149 under Section 24 of the Prohibition Act, as against three accused persons alleging that on inspection conducted at the petitioner's hotel premises and found that there is a bar in the Roof top and restaurant without any license or permission. Further, alleged that in the roof top, there is no parapet wall, wherein the Bar and the restaurant were running by the said hotel without any safety measures. Therefore, the fourth respondent/Inspector of Police seized the liquor bottles which were unauthorizedly kept in the roof top for sale. Initially, the petitioner had obtained Public Resort License issued by the second respondent on 04.11.2017 and subsequently it was renewed every calendar year commencing from 1st January to 31st December. The petitioner has applied for renewal of Public Resort License on 20.11.2023 for the year 2024 on payment of requisite fees. However, while pending the same, the petitioner was served with the show cause notice dated 20.12.2024 for the following license conditions violations:

i) In your Hotel in the 7^th floor roof top, apart from the permitted space, a separate space of 2000 sq.ft., has been allotted in the name of “Sky Loft” and there is a separate liquor storage room and liquor is served illegally in that place itself in a stall like structure set up to attract customers. A small restaurant is also running there. The place where bar service is running without permission on the roof top is in an unsafe condition without a surrounding wall and having only glass barrier of 2 feet, operating in violation of rules and without safety to the public.

ii) A case in S4 Nandambakkam Police Station in Crime No.149/2024, u/r 24 of TNP Act has been registered against this Star Hotel for conducting Music Program (Karoke) without permission on particular time in violation of rules and action is being taken.

iii) The people around the area are affected by the noise caused by the sound and light systems when programs are conducted in this Star Hotel.

iv) In this Star Hot