Johnson Kuruvilla,S/O.Kuruvila v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2018

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.20555 of 2018 & W.M.P.No.24151 of 2018 Johnson Kuruvilla ... Petitioner v.

1 The Superintendent of Police Tiruppur Tiruppur District 2 The Inspector of Police Tiruppur North Police Station Tiruppur District ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, forbearing the respondents or their men and agents from interfering with the peaceful conduct of business i.e cross massage in the name and style of "AYUR SPA" at Door No.381, Hotel "Achi", Perumanallur, Tiruppur, Tiruppur District.

For Petitioner : Mr.S.Leonard Vasanth For Respondents: Mr.S.N.Parthasarathy Govt. Advocate

O R D E R

Mr.S.N.Parthasarathy, learned Government Advocate, takes notice for the respondents. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above Writ Petition to issue a writ of mandamus, forbearing the respondents from interfering with the peaceful conduct of business i.e cross massage in the name and style of "AYUR SPA" at Door No.381, Hotel "Achi", Perumanallur, Tiruppur, Tiruppur District.

3. According to the petitioner, he is running the business in Thiruppur for the past one year. 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 are frequently coming and interfering with the business activities and thereby, causing hardship to the customers coming to the premises for Traditional Ayurveda Herbal Massage. In order to prevent

hardship, the petitioner has come forward with the present Writ Petition.

4. 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.

5. 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. ..."

6. 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar Rj To 1 The Superintendent of Police Tiruppur Tiruppur District 2 The Inspector of Police Tiruppur North Police Station Tiruppur District.

+1cc to Mr.S.Leonard Vasanth, Advocate SR.NO.54850 +1cc to Government Pleader SR.NO.55303 KS(CO) sm:27.8.2018 W.P.No.20555 of 2018 & W.M.P.No.24151 of 2018