M/S. Elite Wellness Spa v. The State Of Tamilnadu Rep. By Its Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.(Crl.)No.243 of 2026 and W.P.M.P.(Crl.)No.69 of 2026 M/s. Elite Wellness SPA, Represented by its Proprietor, M. Mahendran, Door No.135/1-B, Kamaraj Colony, Peramanur Main Road, Salem - 636 007.

... Petitioner Vs.

1.

The State of Tamil Nadu, Represented by its Secretary to Government, Home Department, Fort St.George, Chennai - 600 009.

Salem City Commissioner of Police, 2-May, Sankari Main Rd, Linemedu, Gugai, Salem, Tamil Nadu- 636 006.

Salem Deputy Commissioner of Police (DC North) 2-May, Sankari Main Rd, Linemedu, Gugai, Salem, Tamil Nadu- 636 006.

Assistant Commissioner of Police, Suramangalam Police Station, Collectorate Road, near the Collector's Office, Salem, Tamil Nadu- 636 005.

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5.

Inspector of Police, Pallapatti Police Station, Central Bus Terminus Road, Angammal Colony, Salem, Tamil Nadu - 636 004. ... Respondents PRAYER: Writ Petition (Criminal) is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or direction in the nature of writ, forbearing the respondents 2 to 5 or their men, agents or any persons claiming under them from interfering with the peaceful conduct of petitioner's business in the name and style of "Elite Wellness SPA" situated at Door No. 135/1-B, Kamaraj Colony, Peramanur Main Road, Salem - 636 007. For Petitioner : Mr.G.V.Sridharan For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

The present Writ Petition has been filed seeking a direction to respondents 2 to 5 not to interfere with the peaceful conduct of the petitioner's business.

Learned counsel appearing for the petitioner submitted that the proprietor of the petitioner is carrying on business, namely a spa offering cross massage services, under the name and style of "Elite Wellness SPA" situated at 2/6

Door No. 135/1-B, Kamaraj Colony, Peramanur Main Road, Salem - 636 007, without giving room for any sort of complaint whatsoever. The petitioner's business has also been granted trade license by the Salem City Municipal Corporation and is running the spa on the basis of valid rental agreement dated 24.07.2025. However, respondents 2 to 5 are frequently interfering with the petitioner's business and pressurising him to shut down the business activities without offering any valid reason, thereby, causing hardship to the customers who seek their service. In order to prevent such hardship, the petitioner has come forward with the present writ petition.

Learned Government Advocate (Crl.Side) appearing for the respondents submitted that the respondents are not interfering with the business activities of the petitioner. However, the petitioner cannot be permitted to conduct illegal activities under the guise of running a spa. In view of the rival submissions, this Writ Petition (Criminal) is disposed of with the direction that in the event of the petitioner complying with the rules imposed by the local body, the respondents shall not, as a matter of routine, without any basis, conduct any raids and interfere with the business activity of the petitioner. However, in specific cases where the police have reasonable grounds to believe that an offence punishable under the Immoral 3/6

Traffic (Prevention) Act, 1956 has been or is being committed, it is open to the police to take action, after scrupulously following the procedure contemplated under the said Act. No costs. Consequently, the connected miscellaneous petition is closed.

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To 1.

The Secretary to Government, Home Department, Fort St.George, Chennai - 600 009.

The Commissioner of Police, (Salem Region) 2-May, Sankari Main Rd., Linemedu, Gugai, Salem - 636 006.

The Deputy Commissioner of Police, (Salem Region) 47, V Market Road, I Agraharam, Salem - 636 001.

The Assistant Commissioner of Police, Suramangalam Police Station, Collectorate Road, Near the Collector's Office, Salem - 636 001.

5.

The Inspector of Police, Pallapatti Police Station, Central Bus Terminus Road, Angammal Colony, Salem - 636 004.

6.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

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