M/S.Dharani Ayurvedic Spa Center v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.12.2023
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL and W.M.P.No.36335 of 2023 M/s.Dharani Ayurvedic Spa Center, Represented by its Proprietor Mrs.B.Bhagya, W/o.Balasubramaniyan, carrying business at No.118, NH Kariyamangalam, Block Development Office Backside, Kariyamangalam, Dharmapuri District - 635 111.
... Petitioner Vs.
1.The Superintendent of Police, Dharmapuri District.
2.The Deputy Superintendent of Police, Palacode, Dharmapuri District.
3.The Inspector of Police, Kariyamangalam Police Station, Dharmapuri District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to consider the petitioner's representation dated on 21.12.2023 and forbearing the Respondents 1 to 3 or their men,
agents from interfering with the peaceful conduct of business i.e., cross massage in the name and style of "M/s.Dharani Ayurvedic Spa Center" at No.118, NH Kariyamangalam, Block Development Office backside, Kariyamangalam, Dharmapuri District - 635 111. For Petitioner : Mr.D.Jagadeesan For Respondents : Mr.L.Baskaran Government Advocate (Criminal Side)
O R D E R
The petitioner has filed this Writ Petition for a mandamus, to consider the petitioner's representation dated 21.12.2023 and forbearing the respondents 1 to 3 or their men, agents from interfering with the peaceful conduct of business i.e., cross massage in the name and style of "M/s.Dharani Ayurvedic Spa Center" at No.118, NH Kariyamangalam, Block Development Office backside, Kariyamangalam, Dharmapuri District - 635 111.
2. When the matter is taken up for hearing today, the learned counsel for the petitioner represented that the issue involved herein is covered by an order of this Court dated 04.08.2023 passed in W.P.No.23004 of 2023, wherein, this Court has held in paragraph No.6 as follows :
"6. It is relevant to extract paragraph 67 of the order in Masti Health and Beauty Private limited case (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 43 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 31.3.2015, before this Court, about the decision taken. No costs. Consequently, all connected pending MPs are closed."
3. In the light of the above said order, this Writ Petition is disposed of, by directing the 3rd respondent to comply with the directions/conditions imposed in paragraph No.6 of the said 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. No costs. Consequently, the connected miscellaneous petition is closed.
29.12.2023 mkn2/nsd Index : Yes/No Speaking order/Non speaking order To 1.The Superintendent of Police, Dharmapuri District.
2.The Deputy Superintendent of Police, Palacode, Dharmapuri District.
3.The Inspector of Police, Kariyamangalam Police Station, Dharmapuri District.
P.DHANABAL, J.
mkn2/nsd and W.M.P.No.36335 of 2023 29.12.2023