M/S.Swasthya Wellness v. Home Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR W.P.No.15716 of 2022 M/s. Swasthya Wellness, Partner rep. by Mrs.B.Dhanalakshmi, No.06, Rajiv Street, Kotivakkam, Chennai - 600 096.

... Petitioner Vs

1. The State of Tamil Nadu, Rep. by its Secretary, Home Department, Fort St. George, Chennai - 600 009.

2. The Commissioner of Police, Chennai City, Egmore, Chennai - 600 008.

3. The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus forbearing the respondents 1 and 2 their men and agents from in any way interfering with petitioner's business of Health Club, Fitness Center and Hair Stylist in the petitioner's Spa Centre, namely M/s.Swasthya Wellness, No.06, Rajiv Street, Kottivakkam, Chennai - 600 096.

For Petitioner : Mr.K.Rajendra Prasad For Respondents: Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This Writ Petition has been filed to forbear the respondents and their men from in any way interfering with petitioner's business of Health Club, Fitness Center and Hair Stylist in the petitioner's Spa Center.

2. It is the contention of the learned counsel appearing for the petitioner that the respondents are interfering with the

affairs of the petitioner fitness center.

3. The learned Additional Public Prosecutor appearing for the respondents submitted that they are not interfering with the activities of the petitioner's fitness center and only in the event of any immoral activities are found to be carried on in the premises, they will take action as per law.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

5. Such a blanket Order cannot granted. As long as there is no illegal activities and fitness center is running legally, the police shall not interfere with the activities of the fitness center. At the same time, if it is found that there is any illegal activities are carried out in the premises, it is open to the police to act as per law.

6. With the above direction, this Writ Petition stands disposed of.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vrc To

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

2. The Commissioner of Police, Chennai City, Egmore, Chennai - 600 008.

3. The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

4. The Public prosecutor High Court, Madras.

+1cc to Mr.K.Rajendra Prasad , Advocate, S.R.No.40209 W.P.No.15716 of 2022 MG(CO) CT/13/07/2022