K.Aswini v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. K.Aswini W/o.D.Saravanan Petitioner Vs

1. The Commissioner of Police, The Greater Chennai Police, Veppery, Chennai - 600 007.

2.The Inspector of Police, S-8, Adambakkam Police Station, Adambakkam, Chennai - 600 088.

Respondents PRAYER:

To issue a Writ of Mandamus, forbearing the respondents or their men, agents from interfering the peaceful conduct of petitioners business i.e., Cross relaxation massage/SPA in the name and style of M/s.A4U Health Care SPA at NO.8, Nethaji Road, Ganesh Nagar, Adambakkam, Chennai - 600 088. For Petitioner:

Mrs.R.Hemalatha For Respondents:

Mr.R.Vinothraja Government Advocate (Crl.Side) for R1 and R2.

ORDER

The Writ Petition has been filed for the issuance of a Writ of Mandamus, forbearing the respondents or their men, agents from interfering with the peaceful conduct of the petitioner's business, i.e., Cross relaxation massage/Spa in the name and style of M/s. A4U Health Care SPA at No.8, Nethaji Road, Ganesh Nagar, Adambakkam, Chennai - 600 088.

2. According to the petitioner, she is carrying on business i.e., Spa, in the name and style of M/s. A4U Health Care SPA at No.8, Nethaji Road, Ganesh Nagar, Adambakkam, Chennai - 600 088, without giving room to any sort of complaint or whatsover. The petitioner has obtained a valid license to run the Spa as per law from the Greater Chennai Corporation. Inspite of that, the second respondent has been forcing the petitioner to close the business from the premises without offering any valid reason. In order to prevent hardship, the petitioner has come forward with the present writ petition.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that the respondents are not interfering with the business activities of the petitioner. However, the petitioner cannot be permitted to conduct illegal activities in the guise of running a Spa.

4. This Court, in similar circumstances, following the ratio laid down by this Court in the judgment in Masti Health and Beauty Private limited & Others V. The Commissioner of Police, Chennai City reported in 2015(1) MLJ 308, disposed of the Writ Petition in W.P.No.9380 of 2016, by order dated 14.03.2016, by directing the respondents-police to comply with the directions/conditions given 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 indulge in any unlawful or illegal activities detrimental to law and order or public order.

5. Since the issue involved in the present Writ Petition is identical to the issue involved in W.P.No.9380 of 2016, it is apropos to extract the relevant portion of paragraph 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...

6. In the light of the aforesaid order, this Writ Petition is disposed of, by directing the respondents-police to comply with the directions given 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. No costs. 17-11-2025 shl Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Commissioner of Police, The Greater Chennai Police, Veppery, Chennai - 600 007.

2.The Inspector of Police, S-8, Adambakkam Police Station, Adambakkam, Chennai - 600 088.

3.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA J.

shl 17-11-2025