M/S.Aroma Ayurvedic Spa v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30-4-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.13507 of 2015 and M.P.No.1 of 2015 M/s.Aroma Ayurvedic Spa Rep. By its Managing Partner P.Ganesh Door No.801, Odour Resort Pattipulam Village East Coast Road, Mamallapuram Kanchipuram 603 104 ... Petitioner vs

1. The State of Tamilnadu Rep. By its Secretary Home Department Fort St. George Chennai 600 009

2. The Commissioner of Police Vepery, Chennai

3. The State of Tamilnadu Rep. By the Inspector of Police E1 Police Station Mamallapuram, Chennai ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus forbearing the respondents from interfering with the business of the petitioner in "AROMA AYRVEDA SPA", being conducted at Door No.801, Odour Resort, Pattipulam Village, East Cost Road, Mamallapuram. For Petitioner : Mr.V.Balamurugane For Respondents : Mr.N.Roofas Abraham Government Advocate

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The deponent of the affidavit filed in support of this writ petition, claims that he is running the centre under the name and style of M/s.Aroma Ayurvedic Spa, viz. the petitioner herein, and carrying on the business of ayurveda spa without any hitch or complaint and that too, strictly in accordance with law and the respondents 2 and 3 under the guise of inspection, are often interfering with his business activities and hence, prays for appropriate orders.

3.The Court heard the submissions of Mr.V.Balamurugane, learned Counsel appearing for the petitioner, who has drawn the attention of this Court to the judgment of this Court reported in (2015) 1 MLJ 308 (MASTI HEALTH AND BEAUTY PRIVATE LIMITED AND OTHERS V. COMMISSIONER OF POLICE, CHENNAI CITY AND OTHERS), and would submit that in the light of the said judgment, appropriate orders may be passed.

4.The Court heard the submission of Mr.N.Roofus Abraham, learned Government Advocate, who accepted notice for the respondents 1 to 3.

5.In paragraph No.67 of the above cited order, this Court has given guidelines.

6.In the light of the above cited judgment, the respondents are directed to follow the guidelines given in paragraph No.67 of the judgment, and take appropriate action in accordance with law, and it is made clear that if any illegal or unlawful activities are being carried on under the guise of running business, they may do the needful strictly in accordance with law. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar nsv

To:

1. The Secretary Home Department Fort St. George Chennai 600 009

2. The Commissioner of Police Vepery, Chennai

3. The Inspector of Police E1 Police Station Mamallapuram, Chennai +1cc to Mr.V.Balamurugane, Advocate, S.R.No.24892 +1cc to the Government Pleader, S.R.No.24687 W.P.No.13507 of 2015 CNR(CO) CA(14/05/2015)