Polo Health Spa v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.P.NO.13619 OF 2022 AND W.M.P.NO.12847 OF 2022 Polo Health Spa Properietor of Ashraf Pakkada S/o.Muhammed Ali No.73, 2nd Floor, Gandhi Road, Anuppar Palayam Pudhur, Tiruppur.
...Petitioner
Vs.
1.The Commissioner of Police Tiruppur City Tiruppur District.
2.The Inspector of Police, Anupparpalayam Police Station, Tiruppur City
...Respondents
PRAYER :
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents herein from any manner interfering with the running of the Polo Health SPA under the name and style of "Polo Health Beauty Parlour Center" at No. 73, 2nd Floor Gandhi Road, Anuppar Palayam Pudhur, Tiruppur.
For Petitioner :
Mr.J.Franklin For Respondents :
Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
The Writ Petition is filed seeking for a direction, directing the 1st respondent to issue a No Objection Certificate to the petitioner to run a 'SPA i.e. Cross Relaxation massage in the name and style of NEYA HEALING AND SPA CENTRE" at Door No.277/J Sathy Road Vellai Thottam Ganapathy, Coimbatore, Coimbatore District Pin- 641006 by passing orders on the petitioners representation dated 31.05.2022.
2.It is the contention of the learned counsel for the petitioner that the petitioner is a qualified trainee and carrying on business of Polo Health SPA for the past five months under the name and style of "Polo Health Beauty Parlour Center" at No.73, 2nd Floor Gandhi Road, Anuppar Palayam Pudhur, Tiruppur. The main business of the petitioner is to do massage to both men and women without any illegal activities. When that being the case, the respondent police herein are often interfering with their regular business. Accordingly seeks for a direction of this Court to direct the respondent police not to interfere with the business carried on by the petitioner. 3.This Court is of the view that such a blanket direction cannot be issued.
If the petitioner is running only a Health Beauty Parlour business without indulging in any illegal activities, the police have no business to interfere with their routine affairs, at the same time, if the police receives any information with regard to any illegal activities, they have all the rights to proceed against the petitioner's beauty parlour as per law.
4.With the above observation, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar kas To.
1.The Commissioner of Police Tiruppur City Tiruppur District.
2.The Inspector of Police, Anupparpalayam Police Station, Tiruppur City 3.The Additional Public Prosecutor, Madras High Court, Chennai 600 104.
+1cc to Mr.J.Franklin, Advocate Sr.No.41003 W.P.No.13619 of 2022 CA(CO) RVM(11/07/2022)