K.Sonia v. The Senior Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.29406 of 2021 K.Sonia
...Petitioner
-Vs1.The Senior Superintendent of Police (Law & Order), Maraimalai Adigalar Salai, Puducherry - 1.
2.The Superintendent of Police, Nehru Street, Puducherry - 1.
3.The Inspector of Police, Orleanpet Police Station, Puducherry -1.
4.The Inspector of Police, Special Task Force, Muthiyalpet, Puducherry.
... Respondents Prayer:- Writ Petition filed under Article 226 of 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 petitioner's business i.e., in the name and style of "M/s.Shanaa Beauty Parlour & Spa" No.262, First Floor, Maraimalai Adigal Salai, Arunthathipuram, Puducherry - 605011.
For Petitioner : Mr.D.Senthil Kumaar For Respondents : Mr.M.V.Ramachandramurthy Additional Public Prosecutor (Pondicherry) assisted by Mr.Alexander, Government Advocate (Criminal Side) (Pondicherry) O RDER This Writ Petition has been filed for forbearing the respondents or their men, agents from interfering with the peaceful conduct of the petitioner's business i.e., in the name and style of "M/s.Shanaa Beauty Parlour & Spa" No.262, First Floor, Maraimalai Adigal Salai, Arunthathipuram, Puducherry - 605011.
2. According to the petitioner, she is running the business for the past two years without any room for complaint and that Kerala traditional treatment is being given in the Centre. By virtue of this Ayurvedic treatment, many customs got cured. The petitioner has also stated that on the basis of some complaints that illegal activities are being carried on in the centre, which is factually wrong, the respondent police are frequently
visiting and interfering with the business activities and thereby, causing hardship to the customers coming to the premises for Traditional treatment. In order to prevent hardship, the petitioner has come forward with the present Writ petition.
3. This Court, in similar circumstances, following the ratio laid down by this Court in the Judgment reported in 2015(1) MLJ 308 (Masti Health and Beauty Private limited & Others V. the Commissioner of Police, Chennai city), held by directing the respondents-Police to comply with the directions/conditions imposed in paragraph 67 of the order in the Judgment reported in 2015(1) MLJ 308 (cited supra) and further made it clear that the petitioner therein, under the guise of carrying on business activity, shall not include in any unlawful or illegal activities detrimental to law and order or public order.
4. Since the issue involved in the present writ petition is identical to the issue involved in W.P.No.9380 of 2016, it is relevant to extract para 67 of the order passed in 2015(1) MLJ 308 (cited supra), 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 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 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...''
5. In the light of the said order, the writ petition is disposed of, by directing the respondents-police to comply with the directions imposed in
para 67 of the order as extracted above. It is also made clear that the petitioner, under the guise of carrying on business activity, shall not indulge in any unlawful or illegal activities detrimental to law and order or public order. The petitioner shall not engage the minor girls to conduct business of ''Ayurvedic Spa''. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs. 13.10.2023 (3/4) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
G.K.ILANTHIRAIYAN. J, mn To 1.The Senior Superintendent of Police (Law & Order), Maraimalai Adigalar Salai, Puducherry - 1.
2.The Superintendent of Police, Nehru Street, Puducherry - 1.
3.The Inspector of Police, Orleanpet Police Station, Puducherry -1.
4.The Inspector of Police, Special Task Force, Muthiyalpet, Puducherry.
and W.M.P.Nos.29406 of 2021 13.10.2023