Menaka v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.7686 of 2024 Menaka D/o.Manavalan

...Petitioner

Vs 1.The Commissioner, Greater Chennai Corporation, Chennai - 600 003.

2.The Assistant Commissioner of Police, Thirumangalam, Chennai - 600 040.

3.The Inspector of Police, V5, Thirumangalam Police Station, Anna Nagar, Chennai - 600 040.

... Respondents PRAYER : 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 servants from in any manner interfering with the peaceful conduct of the petitioner's lawful business of Health Spa and Beauty Parlour works at ESpa, No.233/235, 2nd Avenue Anna Nagar West, Chennai - 600 040.

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For Petitioner : Mr.V.Prasad For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus forbearing the respondents or their men and servants from in any manner interfering with the peaceful conduct of the petitioner's lawful business of Health Spa and Beauty Parlour works at ESpa, No.233/235, 2nd Avenue Anna Nagar West, Chennai - 600 040.

2. It is the case of the petitioner that she is carrying on business in the name and style of "ESpa" at No.233/235, 2nd Avenue Anna Nagar West, Chennai - 600 040 and in her massage parlour, she is giving physiotherapy cum massage, which cures many illness in the body including the nervous disorder. The petitioner has also obtained No Objection Certificate from the Corporation of Chennai.

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3. It is the further case of the petitioner that there are qualified and trained therapist available and without any rhyme or reason, the respondents have interfered with his business activities under the guise of conducting raid and hence, the petitioner has come forward with this writ petition.

4. Learned counsel appearing for the petitioner, on instructions, would submit that no illegal or unlawful activities take place while conducting business activities and therefore, the respondents cannot interfere with the business activities. Learned counsel also draw the attention of this Court to the order dated 28.04.2015 made in W.P.No.12817 of 2015, wherein, this Court has taken into consideration the common order dated 09.12.2014 made in W.P.Nos.24629 of 2014 etc. batch (Masti Health and Beauty Private Limited Vs. Commissioner of Police, Chennai reported in 2015 1 MLJ 308) and prays for similar orders.

5. Heard Mr.V.Prasad, learned counsel appearing for the petitioner and Mr.A.Damodaran, learned Additional Government Pleader, who took notice for the respondents.

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6. It is relevant to extract paragraph 67 of the order in Masti 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 31.3.2015, before this Court, about the decision taken. No costs. Consequently, all connected pending MPs are closed."

In the light of the said order, the writ petition is disposed of by directing the respondents to comply with the directions / conditions imposed in paragraph 67 of the said order as extracted above. It is also made clear 4/6

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. No costs. Consequently, the connected miscellaneous petition is closed.

14.03.2024 Index : Yes/No Speaking order:Yes/No gm To 1.The Commissioner, Greater Chennai Corporation, Chennai - 600 003.

2.The Assistant Commissioner of Police, Thirumangalam, Chennai - 600 040.

3.The Inspector of Police, V5, Thirumangalam Police Station, Anna Nagar, Chennai - 600 040.

4.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J gm 14.03.2024 6/6