Siva Raj Gandhi, S/O.Velu v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2016
CORAM
THE HON'BLE MR. JUSTICE K.KALYANASUNDARAM W.P(MD)No.16516 of 2016 and W.M.P.(MD)No.12046 of 2016 Siva Raj Gandhi ... Petitioner -vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Additional Superintendent of Police, Tenkasi, Tirunelveli District.
3.The Inspector of Police, Courtalam Police Station, Tirunelveli District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to forbear the 3rd respondent or his sub-ordinates from in any way harassing, ill-treating, threatening or disturbing the petitioner to close down his Ayurvedic Therapy Centre functioning in the name and style of "Kerala Ayurvedic Hard Work Massage SPA Centre" at Door No. D.No.3/40, Mariappan Kovil Road, Pattapathu Ayiraperi Post, Thenkasi, Tirunelveli District, at the instigation of the petitioner's business rivalries.
For Petitioner : Mr.R.Gandhi For Respondents : Mr.K.P.Krishna Doss Government Advocate
O R D E R
When this Writ Petition was taken up for hearing, the learned Counsel for the petitioner as well as the learned Government Advocate would submit that this case is squarely covered by a judgment passed by this Court in M/s.Masti Health and Beauty Private Ltd., vs. Commissioner of Police, Chennai (W.P.No.24629 of 2014 dated 09.12.2014).
2.After elaborate discussion, this Court had in paragraph 67, disposed the writ petition, with the following directions:- (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.
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(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. The Government shall file a report on or before 31.03.2015, before this Court, about the decision taken.
No costs.
Consequently, all connected pending MPs are closed." 3.As the case of the petitioner is squarely covered by the above judgment, no separate order is pronounced. The writ petition is disposed of in terms of the order made in W.P.No.24629 of 2014 dated 09.12.2014. No costs. Consequently, connected Civil Miscellaneous Petition is closed. Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Additional Superintendent of Police, Tenkasi, Tirunelveli District.
3.The Inspector of Police, Courtalam Police Station, Tirunelveli District.
+1 cc to Mr.R.Gandhi, Advocate in SR No.61323 +1 cc to the Spl.Govt.Pleader in SR No.61242 W.P(MD)No.16516 of 2016 18.10.2016 SSL ANR/SS2/SAR3/03.11.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/