M/S.Butterfly Spa v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P. No.11805 of 2022 and W.M.P.No.11248 of 2022 M/s.Butterfly Spa, Represented by its Proprietor E.Tamil Vendan, S/o. Elango No.12/193-2, Amara Jothi Saroj Nagar, Opp. to Reliance Mart, Thudiyalur Post, Coimbatore - 641 034.
... Petitioner Vs.
1. The State of Tamil Nadu, Represented by its Secretary to Government, Home Department, Fort St.George, Chennai - 600 009.
2. The Superintendent of Police, Superintendent of Police(Rural) Coimbatore District, Superintendent of Police (Rural) Office, State Bank Road, Coimbatore - 641 018.
3. The Inspector of Police, Thudiyalur Police Station, Mettupalayam Road, Coimbatore - 641 034.
... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ, forbearing the respondents 2 & 3 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 "Butterfly Spa" at No.12/193-2, Amara Jothi Saroj Nagar, Opp. to Reliance Mart, Thudiyalur Post, Coimbatore - 641 034. For Petitioner : Mr.G.V.Sridharan For Respondent : Mr.A,Gokulakrishnan Additional Public Prosecutor
O R D E R
This writ petition has been filed for the issuance of a Writ of Mandamus, to forbear the second and third respondents or their men, agents from interfering with the peaceful conduct of business in the name and style of "Butterfly Spa" at No.12/1932, Amara Jothi Saroj Nagar, Opp. to Reliance Mart, Thudiyalur Post, Coimbatore - 641 034.
2. According to the petitioner, she is carrying on business i.e., Salon and Spa, doing haircuts and provide cross massage in the name and style of "Butterfly Spa" at No.12/193-2, Amara Jothi Saroj Nagar, Opp. to Reliance Mart, Thudiyalur Post, Coimbatore - 641 034, without giving room to any sorts of complaint or whatsoever. The petitioner business is also assessed to professional tax whereas, the third respondent has frequently came and interfering with the business activities of the petitioner's Salon and Spa and thereby, causing hardship to the customers for their service. In order to prevent hardship, the petitioner has come forward with the present writ petition.
3. The learned Additional Public Prosecutor appearing for the respondents would submit that the respondents are not interfering with the business activities of the petitioner.
4. This Court, in similar circumstances, following the ratio laid down by this court in the judgment report in 2015(1) MLJ 308 [Masti Health and Beauty Private limited & Others V. The Commissioner of Police, Chennai City], disposed of the Writ Petition in W.P.No.9380 of 2016, by order dated 14.03.2016, by directing the respondents-police to comply with the directions/conditions imposed in paragraph 67 of the order in the judgment reported in 2015(1) MLJ 308 (cited supra) and further made it clear that the petitioner therein 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.
5. Since the issue involved in the present Writ Petition is identical to the issue involved in W.P.No.9380 of 2016, it is relevant to extract para 67 of the order passed in 2015(1) MLJ 308 (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 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."
6. In the light of the said order, the Writ Petition is disposed of, by directing the respondents-police to comply with the directions imposed in para 67 of the 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. At any violation, Police is at liberty to act as per law. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar ham/rgi
To
1. The Secretary to Government, Home Department, Fort St.George, Chennai - 600 009.
2. The Superintendent of Police, Superintendent of Police(Rural) Coimbatore District, Superintendent of Police (Rural) Office, State Bank Road, Coimbatore - 641 018.
3. The Inspector of Police, Thudiyalur Police Station, Mettupalayam Road, Coimbatore - 641 034.
4. The Public Prosecutor, High Court of Madras.
+1cc to Mr.G.V.Sridharan, Advocate SR.No.37330 W.P. No.11805 of 2022 and W.M.P.No.11248 of 2022 SKM(CO) GN(30/06/2022)