R.Mahalakshmi v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE B.RAJENDRAN W. P. No.35633 of 2016 & W.M.P.No.30627 of 2016 R.Mahalakshmi, Proprietor, Majestic Family Saloon and Spa, No.14,/34, Dhamodharan Street, T.Nagar, Chennai - 600 017.
.. Petitioner - Vs - 1.The State of Tamilnadu Rep. by The Secretary, Home Department, Fort St. George, Chennai - 9.
2. The Commissioner of Police, Commissioner Office, Vepery, Chennai - 600 007.
3. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 3.
4. The Assistant Commissioner of Police, AVS Wing, Chindathripet, Chennai.
5. The Inspector of Police, R.1, T.Nagar Police Station, Chennai - 600 017.
..
Respondents Prayer:- Writ petition filed under Section 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents 2 to 5 or their men and agents from interfering with the peaceful conduct of business in the name and style of "Majestic Family Saloon & Spa" without video evidence.
For Petitioner : Mr.V.Rajesh For Respondents : Mr.A.Kumar Spl. Government
Pleader
O R D E R
Heard the learned counsel for the petitioner and Mr.A.Kumar, learned Special Government Pleader appearing on behalf of the respondents and with the consent on either side, the writ petition is taken up for final disposal.
2.
The petitioner's case is that she is carrying on business in the name and style of Majestic Family Saloon and Spa, No.14,/34, Dhamodharan Street, T.Nagar, Chennai - 600 017 for the past two years and in her massage parlour, she is following the Ayurveda massage and Aroma Therapy which cures many illness in the body including the nervous disorder, Effuerage, Fanning, Feathering, Petissage, Friction & Pressure, Vibrating, Tapotement, Pummeling, Hacking in a slow phase of process. There is no law regulating this kind of business and no license is required from the Police Department and from the Health Department.
The fifth respondent officials are interfering with the business of the petitioner and they are threatening the petitioner to foist case against the petitioner. Hence, the petitioner has come forward with the present Writ Petition.
3. The learned Special Government Pleader has filed a report on behalf of the fifth respondent stating that two criminal cases in AVS Crime No.70 of 2013 and R.1 Mambalam Police Station Crime No.2462 of 2015 have been registered against the petitioner. In the said report, it is further stated that the petitioner has not obtained Spa license from the Corporation authorities and the she has obtained license only for Majestic Hair Cutting Saloon
4. In such view of the matter, the prayer as sought for by the petitioner cannot be granted. Hence, this writ petition dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1.The Secretary, Home Department, The State of Tamilnadu Fort St. George, Chennai - 9.
2. The Commissioner of Police, Commissioner Office, Vepery, Chennai - 600 007.
3. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 3.
4. The Assistant Commissioner of Police, AVS Wing, Chindathripet, Chennai.
5. The Inspector of Police, R.1, T.Nagar Police Station, Chennai - 600 017.
+1cc to Mr.V. Rajesh, Advocate, S.R.No.66443 +1cc to the Government Pleader, S.R.No.66111 ksj(CO) md(09/12/2016) W.P.No.35633 of 2016