T.Sivakumar v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.16705 of 2015 And M.P.No.1 of 2015 T.Siva Kumar ... Petitioner Vs.
1. The Commissioner of Police, The Greater Chennai Police, Vepery, Chennai.
2. The Inspector of Police, Bagalur Police Station, Hosur Taluk, Krishnagiri District. ... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents or their men, agents from interfering with the peaceful conduct of business in the name of "Ocean Spa" at Thalapalli Village, Belathur Post, Bagalur, Hosur Taluk, Krishnagiri District.
For Petitioner : Mr.C.Balasundar For Respondents : Mr.M.Digvijaya Pandian Additional Government Pleader
O R D E R
By consent the writ petition is taken up for final disposal. 2.The petitioner claims that he is carrying on business in the name and style of "Ocean Spa" at Thalapalli Village, Belathur Post, Bagalur, Hosur Taluk, Krishnagiri District for the past one year and according to him, the said business is being carried on strictly
complying with all provisions of law and no vulgarity or obscenity is there and no immoral activities are also taking place. The grievance expressed by the petitioner is that the second respondent under the guise of inspection/ enquiry, is routinely interfering with the business activities and in this regard, the petitioner has submitted a representation to the Commissioner of Police, Chennai on 02.06.2015 with copy marked to the second respondent and inspite of receipt of the same, the nuisance/ interference continues and hence came forward to file this writ petition.
3.Heard the submissions of Mr.C.Balasundar, learned counsel appearing for the petitioner and Mr.M.Digvijaya Pandian, learned Additional Government Pleader who accepts notice for the respondents. 4.In similar facts and circumstances, this Court in its common order dated 09.12.2014 in W.P.Nos.15866 of 2013, 407 of 2014 etc., batch reported in (2015) 1 MLJ 308 (Masti Health and Beauty Private Limited, rep. By its Head of Operations(Chennai) Dr.Binoop Varier and Others Vs. Commissioner of Police, Chenani City, Chennai-8 and Others) has given certain guidelines to the police. The relevant paragraph 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. 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."
5.In the result, the writ petition is disposed of and the second respondent is directed to consider the petitioner's representation dated 02.06.2015 in the light of the guidelines given in paragraph No.67 of the above said order and pass orders in accordance with law within a period of four weeks from the date of receipt of the copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is also closed. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar pri To
1. The Commissioner of Police, The Greater Chennai Police, Vepery, Chennai.
2. The Inspector of Police, Bagalur Police Station, Hosur Taluk, Krishnagiri District.
+1cc to the Government Pleader, S.R.No.29010 W.P.No.16705 of 2015 And M.P.No.1 of 2015 KSJ(CO) CA(24/06/2015)