P.Saravanakumar v. The Superintendent Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2019
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No.19701 & 19765 of 2019 and W.M.P.Nos. 19220 &19280 P.Saravanakumar ... Petitioner in W.P.No.19701/2019 M.Sakthi @ Sakthivel ... Petitioner in W.P.No.19765/2019 -Vs1.The Superintendent of Police, Tiruppur, Tiruppur District.
2.The Inspector of Police, South Police Station, Thanapuram Road, Tiruppur District.
... Respondents in both W.P.Nos Prayer in W.P.No.19701 of 2019: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the Respondents or their men, agents from interfering with the peaceful conduct of business i.e, cross massage in the name of style of ''The PETALS HEALTH SPA" at No.11/1, R.P.Complex, Pudhuthottam Main Street, Near Kailasa Mills, Palladam Road, Tiruppur-641 604. Prayer in W.P.No. 19765 of 2019: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the Respondents or their men, agents from interfering with the peaceful conduct of business i.e, cross massage in the name of style of ''KERALA AYURVETHIC SPA" at Door No.363, M.S.Complex Palladam Road, Tiruppur-641 604.
For Petitioner in both W.Ps.
: M/s. S. Leonard Vasanth For Respondents in both W.Ps. : Mr.M.Karthikeyan Additional Government Pleader
C O M M O N O R D E R These Writ Petitions have been filed for a direction to the Respondents not to interfere:
(a) with the peaceful conduct of business i.e, cross massage in the name and style of ''The Petals Health Spa", at No.11/1, R.P.Complex, Pudhuthottam Main Street, Near Kailasa Mills, Palladam Road, Tiruppur-641 604 and (b) with the peaceful conduct of business i.e, cross massage in the name and style of ''Kerala Ayurvethic Spa", at Door No. 363, M.S. Complex Palladam Road, Tiruppur - 641 604. 2.
In support of the aforesaid relief claimed, reliance was placed by the Learned Counsel for the Petitioners on the decision of this Court in M/s. Mastil Health and Beauty Private Limited -vs- Commissioner of Police, Chennai (order dated 09.12.2014 in W.P. No. 24629 of 2014 etc., batch). In that decision, this Court has held 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 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." 3.
In response to that contention, Learned Additional Government Pleader appearing for the Respondents submitted that accepting the suggestions made by this Court in the aforesaid decision, amendments have been made to the Chennai City
Municipal Corporation Act, 1919, as well as in the laws relating to other urban local bodies in the State of Tamil Nadu, which have come into force with effect from 01.02.2019 as per which licence is required for carrying on business of Beauty Parlour, Spa and Massage Parlour in any premises within the territorial limits of the respective local bodies.
4.
In view of the aforesaid submissions made by the Learned Counsel for both sides, this Court during the earlier hearing on 22.07.2019 passed the following order:- "2.
Learned Additional Government Pleader appearing for the Respondents states that the Petitioners have not made any application for such licence to the competent authority for carrying on business of spa. 3.
In view of the same, the Petitioners shall make necessary application before the concerned authority by 13.08.2019 and file proof for the same before the next hearing. The concerned authority shall file a report of the action taken on such application for licence, if made by the Petitioner, on the next hearing.
Post the matter under the caption 'requirement of license for Beauty Parlours in Tamil Nadu' on 28.08.2019."
5.
When the matters are called today, the Learned Additional Government Pleader appearing for the Respondents submits that the Petitioners has not made any application for requisite licence till date. It is a well settled legal position that a mere contemplation or possibility that a right may be infringed without any legitimate basis for that right, would not suffice to give rise to a cause of action. In such circumstances, the question of granting the relief sought by the Petitioners in these Writ Petitions does not arise for consideration. 6.
Accordingly, the Writ Petitions are dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs.
Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar dna/maya/vjt
To 1.The Superintendent of Police, Tiruppur, Tiruppur District.
2.The Inspector of Police, South Police Station, Thanapuram Road, Tiruppur District.
+2cc to Mr.N.Edwin Jayakumar, Advocate SR.No.74814, 74859 W.P. Nos.19701 & 19765 of 2019 and W.M.P.Nos. 19220 &19280 KK(CO) GMY(16/09/2019)