R.Rajesh v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.08.2016
CORAM:
THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.28089 of 2016 and W.M.P.No.24237 of 2016 R.Rajesh ... Petitioner Vs.
1.The Superintendent of Police, Tiruppur, Tiruppur District.
2.The Inspector of Police, North Station, Tiruppur District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, forbearing the respondents or their men, agents from interfering with the peaceful conduct of the business in the name of "Lotus Spa" at Hotel N Star Heritage, Door No.13-15, Pathrakali Amman Koil Street, Tiruppur-641 602 run by the petitioner.
For Petitioner : Mr.T.Saravanan For Respondents: MrS.V.Duraisolaimalai, Additional Government Pleader.
O R D E R
By consent, this Writ Petition is taken up for final disposal.
2. The petitioner would claim that he is running a business under the name and style of " Lotus Spa" at Hotel N Star Heritage, Door No.13-15, Pathrakali Amman Koil Street, rear side of Railway Station, Tirruppur from 01.04.2016 and he was also issued with a trade license to run the said business. The petitioner would further claim that he has completed the course of Ayurveda Panchakarma Technician conducted by the SVR Institute of Medical Sciences and Research and Development Centre in Mysore, which is also recognised by the Ministry of Health and Family Welfare, Government of India. The grievance expressed by the petitioner is that he is running the Ayurveda Massage Centre by practising Kerala Traditional method of Ayurveda and therefore, there is no scope for any illegal
things to happen and despite that the second respondent has interfered with the business activities of the petitioner and in this regard, he has also submitted a representation dated 03.08.2016 and despite the receipt of the same, interference continues and hence, came forward to file this Writ Petition.
3. The learned counsel appearing for the petitioner would submit that no illegal, unlawful and immoral activities are going on in the Spa Centre conducted by the petitioner and despite that the second respondent under the guise of enquiry, is repeatedly barging in to the premises and discharging their business activity and therefore, the petitioner is constrained to file this Writ Petition.
4. Heard the submission of Mr.S.V.Durai Solaimalai, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
5. This Court, in similar facts and circumstances, has considered the very same issue in the judgment reported in 2015 1 MLJ 308 (Masti Health and Beauty Private Limited Vs. Commissioner of Police, Chennai) and it is relevant to extract paragraph No.67 of the said order, 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 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, 43 legislation of 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."
6. In the light of the said order, this writ petition is disposed of and the respondents are directed to comply with the directions/conditions imposed in paragraph No.67 of the above cited decision as extracted above. It is also made clear that the petitioner under guise of carrying on business activity shall not indulge in any unlawful or illegal activities detrimental to law and order or public order. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police, Tiruppur, Tiruppur District.
2.The Inspector of Police, North Station, Tiruppur District.
+1 cc to Govt.Pleader,sr.46236.
+1 cc to Mr.T.Saravanan,advocate,sr.45883.(1/9) pvs(co0 krd 31/8 Writ Petition No.28089 of 2016