David, M/A Years v. The Commissioner Of Police
THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.03.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.11601 of 2016 and W.M.P.No.10000 of 2016 David ... Petitioner vs.
1. The Commissioner of Police, The Greater Chennai, Vepery, Chennai.
2. The Inspector of Police, Koyambedu Police Station, Chennai.
... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus forbearing the respondents or their men, agents from interfering with the peaceful conduct of business i.e., cross massage in the name and style of MAK AYUSH, Unisex Salon and SPA at No.2/14, Jai Nagar 6th Street, Arumbakkam, Chennai-106.
For Petitioner :
Mr.V.Veerapandian For Respondents :
Mr.V.Jayaprakash Narayanan, Spl. Govt. Pleader.
ORDER
I have heard the learned counsel appearing for the petitioner and the learned Special Government Pleader, who has taken notice on behalf of the respondents.
2. By consent, the main writ petition itself is taken up for final disposal.
3. The petitioner has come up with the present writ petition for a mandamus, forbearing the respondents or their men, agents from interfering with the peaceful conduct of business i.e., cross massage in the name and style of MAK AYUSH, Unisex Salon and SPA at No.2/14, Jai Nagar 6th Street, Arumbakkam, Chennai-106.
4. The only grievance of the petitioner is that the respondents are interfering with his lawful activities without authority of law. In this regard, learned counsel appearing for the petitioner placed reliance upon the order of this Court made in W.P.No.12817 of 2015.
5. In the above said order, this Court has passed the following order:- "
4.
Heard the submissions of Mr.K.Dharmaraj, learned counsel appearing for the petitioner and Mr.M.Digvijaya Pandian, learned Additional Government Pleader accepts notice for the respondents.
5. It is relevant to extract paragraph 67 of the order in Hasti Health and Beauty Private limited case (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, 43 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 31.03.2015, before this Court, about the decision taken. No costs. Consequently, all connected pending MPs are closed."
6. In the light of the said order, the Writ Petition is disposed of and the respondents are directed to comply with the directions/conditions imposed in paragraph 67 of the said 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. The writ petition is disposed of accordingly. Consequently, the connected Miscellaneous Petition is closed. No costs."
6. Following the same, there shall be a similar order in this writ petition also. No costs. Consequently, connected Miscellaneous Petition is also closed.
s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1.The Commissioner of Police, The Greater Chennai, Vepery, Chennai.
2.The Inspector of Police, Koyambedu Police Station, Chennai.
+ 1 cc to M/s.V.Veerapandian, Advocate SR 19952 mp(co) prk22/4 W.P.No.11601 of 2016