IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.04.2017 CORAM THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.39723 of 2016 M/s.Green Health Spa & Saloon Rep. by its Proprietor Mr.M.Ketan No.2/22, Kennet Lane Hotel Raj Residency Egmore , Chennai - 600 008 ... Petitioner v.
1 The State of Tamilnadu Rep. by its Secretary Home Department Fort St. George Chennai-600 009
2 The Director General of Police Chennai-600 004
3 The Commissioner of Police Chennai City Chennai-8
4 The Assistant Commissioner of Police F2 Egmore Police Station, Egmore Chennai-600 008
5 The Inspector of Police F2 Egmore Police Station Egmore Chennai-600 008 ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus, forbearing the respondents their men and agents from anyway interfering with the petitioner's business of running traditional herbal massage center in the name of M/s.Green Health Spa & Saloon after having obtained valid licence from the Corporation of Chennai at No.2/22, Kennet Lane, Hotel Raj Residency, Egmore, Chennai-600 008 except in accordance with the guidelines issued by this Hon'ble court in a batch of writ petitions in M/s.Masti Health and Beauty vs. The Commissioner of Police in its order dated 9.12.2014.
For Petitioner : Mr.Kasiramalingam For Respondents : Mr.S.Pattabiraman Govt. Advocate O R D E R The petitioner has filed the above Writ Petition to issue a writ of mandamus, forbearing the respondents from anyway interfering with the petitioner's business of running traditional herbal massage center in the name of M/s.Green Health Spa & Saloon after having obtained valid licence from the Corporation of Chennai at No.2/22, Kennet Lane, Hotel Raj Residency, Egmore, Chennai-600 008 except in accordance with the guidelines issued by this court in a batch of writ petitions in M/s.Masti Health and Beauty vs. The Commissioner of Police in its order dated 9.12.2014.
2. According to the petitioner, they are running a Beauty Parlour/Massage cum Spa Centre in and around the City of Chennai for the past 2 years and have been doing this business by obtaining valid licence from the Corporation of Chennai. Further, the petitioner has stated that the business is carried on in accordance with law. The petitioner has also stated that the local Inspector of Police and Police men frequently coming and interfering with the business activities and thereby causing hardship to the customers coming to the premises for Traditional Ayrveda Herbal Massage. In order to prevent hardship, the petitioner has come forward with the present writ petition.
3. This court, in similar circumstances, following the ratio laid down by this court in the judgment report in 2015(1) MLJ 308 [Masti Health and Beauty Private limited & Others V. The Commissioner of Police, Chennai City], disposed of the writ petition in W.P.No.9380 of 2016, by order dated 14.03.2016, by directing the respondents-police to comply with the directions/conditions imposed in paragraph 67 of the order in the judgment reported in 2015(1) MLJ 308 (cited supra) and further made it clear that the petitioner therein under the guise of carrying on business activity shall not indulge in any unlawful or illegal activities detrimental to law and order or public order.
4. Since the issue involved in the present writ petition is identical to the issue involved in W.P.No.9380 of 2016, it is relevant to extract para 67 of the order passed in 2015(1) MLJ 308 (cited supra), which reads as follows:-
67. In the light of the above, all the writ petitions are disposed of to the following effect :
(i) The respondents shall not, as a matter of routine and without any basis, conduct any raids and interfere with the business carried on by the petitioners;
(ii) In specific cases where the police have reasonable grounds to believe that an offence punishable under the Immoral Traffic (Prevention) Act has been or is being committed, it is open to the police to take action, after scrupulously following all the steps indicated in Section 15 of the said Act. The steps to be followed are narrated by me in paragraph 28 above; and
(iii) Based upon the laws enacted in various States of the United States of America and Singapore, which I have dealt with in paragraphs 39 to 54, the respondents may take appropriate steps for bringing in either a new legislation or a subordinate legislation in terms of the provisions of the Chennai City Municipal Corporation Act or the Chennai City Police Act, so that public order, decency and morality, which can form the basis for a regulatory law under Article 19(2) of The Constitution, are taken care of. The Government shall file a report on or before 31.3.2015, before this Court, about the decision taken. No costs. Consequently, all connected pending MPs are closed."
5. In the light of the said order, the writ petition is disposed of by directing the respondents-police to comply with the directions imposed in para 67 of the order as extracted above. It is also made clear that the petitioner under the guise of carrying on business activity shall not indulge in any unlawful or illegal activities detrimental to law and order or public order.
With these observations, the Writ Petition is disposed of. No costs.
Index : Yes/No 05.04.2017 Note : Issue copy of the order by 11.04.2017 Rj To
1 The Secretary State of Tamil Nadu Home Department Fort St. George Chennai-600 009
2 The Director General of Police Chennai-600 004
3 The Commissioner of Police Chennai City Chennai-8
4 The Assistant Commissioner of Police F2 Egmore Police Station, Egmore Chennai-600 008
5 The Inspector of Police F2 Egmore Police Station Egmore Chennai-600 008 M.DURAISWAMY, J.
Rj W.P.No.39723 of 2016 05.04.2017 http://www.judis.nic.in