Shakeela v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2019

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.Nos.31941, 21273, 30470, 31688, 32056 & 30492 of 2018 and W.P.Nos.185, 414, 5567, 7487, 7690, 8494 & 9347 of 2019 and W.M.P.Nos.24942, 35539, 36960, 37176, 37305 of 2018 and WM.P.Nos.470, 6338, 8151, 8326,9016 & 9905 of 2019 1 SHAKEELA D/O.IBRAHIM DOOR NO. 582/558 MUDHALI STREET NEAR MARIYAMA KOIL KALINGARAYAPALAYAM VILLAGE ERODE TALUK ERODE DISTRICT ... PETITIONER in WP No.31941 of 2018 1 MOORTHY S/O.AYYAPPAN NO.18 PRAKASAM STREET JANAKI NAGAR VALASARAVAKKAM CHENNAI - 600 087 ... PETITIONER in WP No.21273 of 2018 1 SANIYA CHACKO D/O.CHACKO ALAGENDIRA TOWER AVINASHI ROAD THIRUPPUR TOWN THIRUPPUR DISTRICT.

... PETITIONER in WP No.30470 of 2018 1 G.KAVITHA W/O. GANESH KUMAR DOOR NO. 85/ 15A KATCHERY ROAD THIRUCHENCODE NAMAKKAL DISTRICT ... PETITIONER in WP No.31688 of 2018 1 A.ATHITHYA GNANAM S/O. VAIRAM NO 5 PALANIYAPPA VEETHI ERODE ERODE DISTRICT-638009 ... PETITIONER in WP No.32056 of 2018

1 ANUSHRIS MORAL EDGE SKIN AND HAIR AND AYURVEDIC SPA REP.BY ITS PROPRIETOR SMT.K.PUSHPA NEAR RAMAKRISHNA PARK GOPI HOSPITAL MAIN ROAD SALEM-636 007 ... PETITIONER in WP No.30492 of 2018 1 PUNARNAVA NATUROPATHY HEALING CENTRE AND UNISEX AYURVEDIC SPA REP BY ITS PROPRIETOR MR.

ABHILASH BALAKRISHNAN NO.347/1 57/A1 OMALUR MAIN ROAD KURUNGUCHAVAD ... PETITIONER in WP No.185 of 2019 1 R.DEVI W/O.RADHAKRISHNAN DOOR NO. 141 COLLEGE ROAD AYYAPPAN KOVIL THIRUPPUR THIRUPPUR DISTRICT 641 602 ... PETITIONER in WP No.414 of 2019 1 BASILL JOSE S/O JOSE.P.V. NO.20A-1 U.K.THEVAR STREET SULUR COIMBATORE - 641 402 ... PETITIONER in WP No.5567 of 2019 1 M.VELAYUTHAM S/O.MURUGAN NO.9 NEW COLONY 14TH CROSS ST CHROMPET CHENNAI-44 ... PETITIONER in WP No.7487 of 2019 1 M.VELAYUTHAM S/O. MURUGAN DOOR NO. 57 VELLALAR STREET ADAMBAKKAM CHENNAI - 600088 ... PETITIONER in WP No.7690 of 2019 1 M.VELAYUTHAM S/O.MURUGAN NO.54 PANGARU ST SALIGRAMAMAM CHENNAI-93 ... PETITIONER in WP No.8494 of 2019 1 BASIL JOSE S/O JOSE NO 20- A 1 U.K.TJHEVAR STREET SULAR COIMBATORE DISTRICT- 641402 ... PETITIONER in WP No.9347 of 2019 Vs

1. THE SUPERINTENDENT OF POLICE, TALUK OFFICE ROAD, ERODE, ERODE DISTRICT.

2. THE INSPECTOR OF POLICE, CHITHODU POLICE STATION, ERODE, ERODE DISTRICT.

3. THE COMMISSIONER, ERODE CORPORATION, ERODE.

(R3 IMPLEADED SUO MOTU VIDE COURT ORDER DATED 17.12.2018 MADE IN W.P.NO.31941/2018 BY PNPJ) ... Respondents in WP.No.31941 of 2018 1 THE COMMISSIONER OF POLICE THE GREATER CHENNAI POLICE VEPERY CHENNAI.

2 THE INSPECTOR OF POLICE VALASARAVAKKAM POLICE STATION CHENNAI.

3 THE GREATER CHENNAI CORPORAT ION REP BY ITS COMMISSIONER CHENNAI.(R3 IMPLEADED VIDE COURT ORDER DT 17/12/2018 MADE IN WP.NO.21273/18 BY PSNJ) ... RESPONDENT in WP No.21273 of 2018 1 THE SUPERINTENDENT OF POLICE THIRUPPUR CITY THIRUPPUR DISTRICT.

2 THE INSPECTOR OF POLICE THIRUPPUR NORTH POLICE STATION THIRUPPUR DISTRICT.

3 THE COMMISSIONER TIRUPPUR CORPORATION TIRUPPUR. (R3 IMPLEADED VIDE COURT ORDER DT 17/12/2018 MADE IN WP.NO.30470/18 BY PSNJ) ... RESPONDENT in WP No.30470 of 2018 1 THE SUPERINTENDENT OF POLICE NAMAKKAL AND DISTRICT 2 THE INSPECTOR OF POLICE THIRUCHENCODE TALUK POLICE STATION NAMAKKAL DISTRICT ... RESPONDENT in WP No.31688 of 2018

1 THE SUPERINTENDENT OF POLICE TALUK OFFICE ROAD ERODE DISTRICT 2 THE INSPECTOR OF POLICE ERODE TOWN POLICE STATION, ERODE, ERODE DISTRICT.

3 THE COMMISSIONER ERODE CORPORATION ERODE. (R3 IMPLEADED VIDE COURT ORDER DT 17/12/2018 MADE IN WP.NO.

32056/18 BY PSNJ) ... RESPONDENT in WP No.32056 of 2018 1 THE STATE OF TAMIL NAD REP.BY THE SECRETARY HOME DEPARTMENT FORT ST.GEORGE CHENNAI-600 009 2 THE COMMISSIONER OF POLICE SALEM TOWN SALEM 3 THE INSPECTOR OF POLICE HASTHAMPATTI POLICE STATION HASTHAMPATTI SALEM-636 007 4 THE COMMISSIONER SALEM CORPORATION SALEM. (R3 IMPLEADED VIDE COURT ORDER DT 17/12/2018 MADE IN WP.NO.

30492/18 BY PSNJ) ... RESPONDENT in WP No.30492 of 2018 1 THE STATE OF TAMIL NADU REP BY THE SECRETARY HOME DEPARTMENT FORT ST.GEORGE CHENNAI 600009 2 THE SUPERINTENDENT OF POLICE SALEM DISTRICT SALEM 3 THE INSPECTOR OF POLICE SOORAMANGALAM POLICE STATION SOORAMANGALAM SALEM DISTRICT ... RESPONDENT in WP No.185 of 2019 1 THE SUPERINTENDENT OF POLICE THIRUPPUR CITY THIRUPPUR DISTRICT.

2 THE INSPECTOR OF POLICE THIRUPPUR NORTH POLICE STATION THIRUPPUR DISTRICT.

... RESPONDENT in WP No.414 of 2019 1 THE SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE COIMBATORE DISTRICT.

2 THE INSPECTOR OF POLICE SULUR POLICE STATION COIMBATORE DISTRICT.

... RESPONDENT in WP No.5567 of 2019 1 THE COMMISSIONER OF POLICE THE GREATER CHENNAI POLICE VEPERY CHENNAI 2 THE INSPECTOR OF POLICE 813 CHROMPET POLICE STATION CHENNAI ... RESPONDENT in WP No.7487 of 2019 1 THE COMMISSIONER OF POLICE THE GREATER CHENNAI POLICE VEPERY CHENNAI 2 THE INSPECTOR OF POLICE R8 ADAMBAKKAM POLICE STATION CHENNAI ... RESPONDENT in WP No.7690 of 2019 1 THE COMMISSIONER OF POLICE THE GREATER CHENNAI POLICE VEPERY CHENNAI 2 THE INSPECTOR OF POLICE RS.VIRUGAMBAKKAM POLICE STATION CHENNAI ... RESPONDENT in WP No.8494 of 2019 1 THE SUPERINTENDENT OF POLICE COIMBATORE COIMBATORE DISTRICT 2 THE INSPECTOR OF POLICE SULUR POLICE STATION COIMBATORE DISTRICT ... RESPONDENT in WP No.9347 of 2019

Prayer:- WP No.31941 of 2018:- forbearing the respondents or their men, agents from interfering with the peaceful conduct of business i.e. cross massage in the name and style of NEEMS KERALA AYURVEDIC CLINIC Door No. 582/558, Mudhali Street, Near Mariyama Koil, Kalingarayapalayam Village, Erode Taluk, Erode District WP No.21273 of 2018:- Forbearing the respondents or their men, agents from interfering with the peaceful conduct of business i.e. cross massage in the name and style of GROTTO UNISEX SALOON & SPA, No.18, Prakasam Street, Janaki Nagar, Valasaravakkam, Chennai - 600 087.

WP No.30470 of 2018:- Direction in the nature of writ for bearing the respondents or their men, agents for interfering with peaceful conduct of business i.e.cross massage in the name and style of GREEN SPA at Alagendira Tower, Avinashi Road, Thiruppur Town, Thiruppur District.

WP No.31688 of 2018:- Forbearing the respondents or their men, agents from interfering with the peaceful conduct of business i.e. cross massage in the name and style of Kerala Ayurvedic Centre and SPA Door No. 85/ 15A, Katchery Road, Thiruchencode, Namakkal District WP No.32056 of 2018:- To direction in the nature of writ forbearing Respondents or their men agents from Interferring with the Peaceful conduct of business cross massage in the name and style of AATHITHIA AYURVEDIC HEALTH AND UNISEX SPA NO 5 Palaniyappa Veethi Erode Erode District-638009 and pass such further orders as this Honble Court may deem fit and proper of the case WP No.30492 of 2018:- forbearing the respondents from interfering from in any way disturbing or interfering with the peaceful conduct of the petitioners business offering various massage therapies to both sexes by the trainees belonging to both sexes under the name and style of Anushree Moral Edge, at No.47/8C1, Near Ramakrishna park Gopi Hospital Main Road, Salem 636 007

WP No.185 of 2019:- forbearing the 3rd respondent from disturbing and interfering with the petitioners day to day business activities in the name and style of No.347/1,57/A1, Omalur Main Road, Kurunguchavadi salem District, 636 004 WP No.414 of 2019:- Direction in the nature of writ for bearing the respondents or their men, agents from interfering with the peaceful conduct of business i.e.cross massage in the name and style of High Life Ayurveda Spa at Door No.141, College Road, Ayyappan Kovil, Thiruppur, Thiruppur District 641602.

WP No.5567 of 2019:- Forbearing the respondents or their men, agents from interfering with the peaceful conduct of business i.e., cross message in the name and style of Nature Ayurvedic Health SPA at No.20A-1, V.K.Thevar Street, Sulur, Coimbatore-641 402 WP No.7487 of 2019:- forbearing the respondents or their men, agents from interfering with the peaceful conduct of business i.e. cross massage in the name and style of AROMA SPA No.9, New Colony, 14th Cross Street, Chrompet, Chennai-600 004 WP No.7690 of 2019:- Forbearing the respondents or their men, agents from interfering with the peaceful conduct of business i.e. cross massage in the name and style of AROMA SPA Door No. 57, Vellalar Street, Adambakkam, Chennai - 600088 WP No.

8494 of 2019:- forbearing the respondents or their men, agents from interfering with the peaceful conduct of business i.e. cross massage in the name and style of AROMA SPA No.54, Pangaru Street, Saligramamam, Chennai- 600093 WP No.9347 of 2019:- To forbearing the respondens or their men, agents from interferring with the peaceful conduct of business cross Massage in the name and style of Nature Ayurvedic Health SPA at No 20A- 1 U.

For Petitioner in WP.Nos.31941, 21273, 32056, 30470, 31688/2018 & 414, 7690, 8494, 9347, 7487/2019 : Mr.S.Leonard Vasanth For Petitioner in WP.30492/2018 WP.No.185/2019 : Mr.K.Venkatesan For Petitioner in WP.No.5567/2019 : Mr.D.Arun For Respondents : Mr.S.R.Rajagopal, Additional Advocate General assisted by Mr.E.Balamurugan, Special Government Pleader for R1 & R2 in all W.Ps.

and for R3 in W.P.30492/2018 Mr.M.Rajamathivanan for R3 in W.P.31941/2018 R3- service awaited in W.P.Nos.21273, 30470 & 32056/2018 COMMON ORDER In all these writ petitions, the respective writ petitioners, who are running Beauty Parlour/ Spa / Massage Parlour seek for mandamus, forbearing the respective respondents from interfering with their peaceful conduct of business of beauty parlour/ Spa / massage parlour at the respective premises under the guise of inspection.

2. According to the petitioners, they are carrying on their business lawfully without doing any illegal or unlawful activities and therefore, unwarranted interference by the respondents has to be stopped.

3. The learned Additional Advocate General appearing for the respondents however, submitted that a notification dated 27.02.2019 is issued under Section 373 of the Chennai City Municipal Corporation Act, 1919, wherein and whereby, the Beauty Parlour, Spa and Massage Parlour are included in Schedule-VI for obtaining Trade License to be issued by the Greater Chennai Corporation. He produced a copy of the said notification. He further submitted that similar notifications are issued in respect of all the Municipalities and Corporations in the State of Tamilnadu as well and therefore, the respective petitioners who are presently running or persons who propose to run Beauty Parlour/ Spa/ Massage Parlour in this State have to obtain such license from the competent authority. Therefore, he submitted that the petitioners have to necessarily apply for license

before the competent authority and get the same so as to enable them to run the Beauty Parlour, Spa and Massage Parlours in accordance with the terms of the license.

4. The learned Additional Advocate General further submitted that though issuance of such license was originally scheduled to commence from 01.04.2019, the said cut off date is extended upto 30.06.2019 and therefore, all these petitioners can apply for such license before the competent authorities within such time by complying with all the requirements. He has also given an undertaking that since the date of commencement of issuance of such license will be extended till 30.06.2019, the status quo as on today will be maintained, in respect of the existing Beauty Parlour, Spa and Massage Parlour.

5. In view of the above stated facts and circumstances and since the Beauty Parlour, Spa and Massage Parlours are included in Schedule VI for obtaining Trade License as notified by the Chennai Corporation and other Corporations and Municipalities of this State, it is for these petitioners as well as similarly situated persons to apply for such license. Since the time is agreed to be extended till 30.06.2019 to issue the said license, the respondents are directed to maintain status quo as on today in respect of all the Beauty Parlour, Spa and Massage Parlour in this State till 30.06.2019. However, if the concerned authorities receive complaint about any illegal or unlawful activities allegedly being carried on in those places, the order of status quo granted herein will not be a bar for such authorities to take action against those erring persons in accordance with law.

6. The learned Additional Advocate General also stated that a general circular will be issued to all the Municipalities and Corporations indicating the notification issued with regard to the license to be obtained by the Beauty Parlour, Spa and Massage Parlour. He further stated that necessary paper publication will also be given inviting application from the Beauty Parlour/ Spa/ Massage Parlour to apply for license with effect from 30.06.2019 in accordance with the notification issued as stated supra. The above said undertakings given by learned Additional Advocate General are recorded.

7. In view of the above stated facts and circumstances and the notifications issued as stated supra, these Writ Petitions are disposed of with the following directions: a) All the petitioners are directed to apply for the license to run their respective Beauty Parlour/Spa/Massage Parlour before the concerned Authority by making necessary application within a period of one month from the date of

receipt of a copy of this order.

b) On receipt of such applications, the concerned Authority shall dispose of such application on merits and in accordance with law on or before 30.06.2019.

c) The State of Tamilnadu through its Secretary, Home Department, shall issue paper publication inviting application from the persons running Beauty Parlour/Spa/Massage Parlour, to apply for license with effect from 30.06.2019. d) The Government of Tamilnadu also will intimate, through a General Circular, all the Municipalities and Corporations about the respective notification issued with regard to the requirement to get license by the Beauty Parlours/Spa/Massage Parlour.

e) Since the time to issue license is extended till 30.06.2019, the respondents are directed to maintain status quo as on today in respect of Beauty Parlour/Spa/Massage Parlour in the State till 30.06.2019.

f) However, the above order of status quo will not be a bar for the law enforcing authorities to take appropriate action against any of the Beauty Parlour/Spa/Massage Parlour, if they receive any complaint against them of some illegal or unlawful activities allegedly being carried on in those places. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi/gsi To 1.

THE SUPERINTENDENT OF POLICE, TALUK OFFICE ROAD, ERODE, ERODE DISTRICT.

2.

THE INSPECTOR OF POLICE, CHITHODU POLICE STATION, ERODE, ERODE DISTRICT.

3.

THE COMMISSIONER, ERODE CORPORATION, ERODE.

4 THE COMMISSIONER OF POLICE THE GREATER CHENNAI POLICE VEPERY CHENNAI.

5 THE INSPECTOR OF POLICE VALASARAVAKKAM POLICE STATION CHENNAI.

6 THE GREATER CHENNAI CORPORATION REP BY ITS COMMISSIONER CHENNAI.

7 THE SUPERINTENDENT OF POLICE THIRUPPUR CITY THIRUPPUR DISTRICT.

8 THE INSPECTOR OF POLICE THIRUPPUR NORTH POLICE STATION THIRUPPUR DISTRICT.

9 THE COMMISSIONER TIRUPPUR CORPORATION TIRUPPUR.

10 THE SUPERINTENDENT OF POLICE NAMAKKAL AND DISTRICT 11 THE INSPECTOR OF POLICE THIRUCHENCODE TALUK POLICE STATION NAMAKKAL DISTRICT 12 THE INSPECTOR OF POLICE ERODE TOWN POLICE STATION, ERODE, ERODE DISTRICT.

13 THE STATE OF TAMIL NADU REP.BY THE SECRETARY HOME DEPARTMENT FORT ST.GEORGE CHENNAI-600 009 14 THE COMMISSIONER OF POLICE SALEM TOWN SALEM 15 THE INSPECTOR OF POLICE HASTHAMPATTI POLICE STATION HASTHAMPATTI SALEM-636 007 16 THE COMMISSIONER SALEM CORPORATION SALEM.

17 THE SUPERINTENDENT OF POLICE SALEM DISTRICT SALEM 18 THE INSPECTOR OF POLICE SOORAMANGALAM POLICE STATION SOORAMANGALAM, SALEM DISTRICT

19 THE SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE COIMBATORE DISTRICT.

20 THE INSPECTOR OF POLICE SULUR POLICE STATION COIMBATORE DISTRICT.

21 THE COMMISSIONER OF POLICE THE GREATER CHENNAI POLICE VEPERY CHENNAI 22 THE INSPECTOR OF POLICE 813 CHROMPET POLICE STATION CHENNAI 23 THE INSPECTOR OF POLICE R8 ADAMBAKKAM POLICE STATION CHENNAI 24 THE INSPECTOR OF POLICE RS.VIRUGAMBAKKAM POLICE STATION CHENNAI +9cc to Mr.S.Leonard Vasanth, Advocate in sr.no.32943 to 32951 +2cc to Mr.K.Venkatesan, Advocate in sr.no.32870 +1cc to Mr.C.S.Saravanan, Advocate in sr.no.32852 +1cc to Government Pleader, in sr.no.34767 W.P.Nos.31941, 21273, 30470, 31688, 32056 & 30492 of 2018 and W.P.Nos.185, 414, 5567, 7487, 7690, 8494 & 9347 of 2019 RSV(CO) CS/09/04/2019