M/S.Pro Access v. The State Rep. By, the Commissioner of Police

ORDER The Writ Petition has been filed to forbear the respondents and their subordinate officers from interfering with the peaceful conduct of the petitioner's business, carried on in the name and style of "Kafe Mirage" having restaurant with separate smoking area for serving herbal flavoured hookah without any content or trace of Tobacco / Nicotine.

¶2Heard the learned counsel appearing on either side and perused the materials available on record.

¶3The case of the petitioner is that the petitioner runs a restaurant under the name and style of "Kafe Mirage", wherein a separate room has been allocated exclusively for smoking for the convenience of the customers. Further their customers are demanding for herbal hookah and the petitioner has got all the facilities. Since the petitioner apprehending unnecessary interference and disturbance from the police and alleging that there is a restriction to use herbal hookah services at the restaurant. Hence, the present writ petition. Page3 of 5

¶4The learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondents submitted that with regard to herbal hookah, the respondent may not have serious objection. The only thing is under the guise of having hookah, some other Narcotics or any other substances not to be used. To verify the same and also to get an undertaking affidavit the respondent police insisted the petitioner to appear before them and to give an undertaking affidavit with details.

¶5The learned Senior Counsel appearing on behalf of the petitioner, on instructions, submitted that the petitioner is ready to appear before the respondent police and give his clarification and also an undertaking affidavit that they will use the smoking area only for serving herbal flavoured hookah without any content or trace of tobacco/nicotine.

¶6In the light of the above submission, the petitioner is directed to give an undertaking affidavit before the second respondent, to have a separate smoking area for serving herbal flavoured hookah without any content or trace of Tobacco/Nicotine. On receipt of the undertaking, the respondents are directed not to interfere with the business of the petitioner. It is made clear that the petitioner will strictly adhere to the undertaking and will not violate it by taking advantage of the order passed in this writ petition. If the respondents receive any tangible information, the respondents are at liberty to inspect the petitioner's restaurant and proceed in accordance with law. Page4 of 5

¶7With the above directions, this writ petition (Criminal) stands disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 23-07-2026 Index: Yes/No Speaking/Non-speaking order LPP Note : Issue order copy on 27.07.2026 To

¶1The Commissioner of Police No.132, EVK Sampath Road, Vepery, Chennai-600 007.

¶2The Inspector of Police F-2, Egmore Police Station, Egmore High Road, Egmore, Chennai-600 008.

3.The Public Prosecutor, High Court, Madras. WPoCrl.oNo.o1740oofo2026 G.K.ILANTHIRAIYANoJ. LPP WPoCrl.oNo.o1740oofo2026 and WPMPoCrl.Nos.613o&o614oofo2026 23-07-2026o Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN and WPMP Crl.Nos.613 & 614 of 2026 M/s.PRO ACCESS Rep. by its Proprietor, Pankaj Jain, No.44, 4th Floor, Langs Garden Road, Pudupet, Chennai-600 002. ..Petitioner Vs 1. The Commissioner of Police No.132, EVK Sampath Road, Vepery, Chennai-600 007. 2. The Inspector of Police F-2, Egmore Police Station, Egmore High Road, Egmore, Chennai-600 008. ..Respondents Prayer : Writ Petition (Criminal) has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the respondents and their subordinate officers from interfering with the conduct of the Petitioner's business carried on in the name and style of Kafe Mirage having restaurant with separate smoking area for serving herbal flavour hookah without any content or trace of Tobacco/Nicotine. Page2 of 5 For Petitioner: Mr.T.Promod Kumar Chopda Senior Counsel for P.Shivane For Respondents: Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side)