WP.No.23767 & 23771 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K. ILANTHIRAIYAN
WP..No.23767 & 23771 of 2022
and
W.M.P.Nos.22735 & 22741 of 2022
M/s.Tendril Ayurveda and Beauty Care
Rep its Partner S.Sumitha
D/o.Sundaram
38/49B, VellappanaickenPuthur
Chinnavedampatti
Coimbatore North
Coimbatore – 641 049 .. Petitioner in W.P.No.23767 of 2022
M/s.Raise Beauty Care and Ayurveda
Rep its Partner S.Sumitha
D/o.Sundaram
Flat No.124E, 2nd Floor
Crescent Court
Race Course Road
Coimbatore – 641 018 .. Petitioner in W.P.No.23771 of 2022
Versus
1.The State of Tamil Nadu
Rep by its Secretary to Government
Home Department
Fort St.George
Chennai – 600 009
2.The Superintendent of Police
Superintendent of Police (Rural)
Coimbatore District
Superintendent of Police (Rural) Office
https://www.mhc.tn.gov.in/judis
1/7
WP.No.23767 & 23771 of 2022
State Bank Road
Coimbatore – 641 018
3.The Inspector of Police
E3, Saravananpatti Police Station
Saravanampatti – Kalapatti Road
Ramanandha Nagar
Saravanampatti
Coimbatore – 641 035 .. Respondents in W.P.No.23767 of 2022
1.The State of Tamil Nadu Rep by its Secretary to Government Home Department Fort St.George Chennai – 600 009
2.The Superintendent of Police Superintendent of Police (Rural) Coimbatore District Superintendent of Police (Rural) Office State Bank Road Coimbatore – 641 018
3.The Inspector of Police C2, Race Course Police Station Race Course Road Near KG Hospital Gopalapuram Coimbatore – 641 018 .. Respondents in W.P.No.23771 of 2022 Prayer in W.P.No.23767 of 2022: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 2 & 3 or their men, agents are any persons claiming under them from interfering with the peaceful conduct of petitioner's business in the name and style of M/s. Tendril Ayurveda and Beauty Care at 38/49B, VellappanaickenPuthur, Chinnavedampatti, Coimbatore North,Coimbatore – 641 049 Prayer in W.P.No.23767 of 2022: Writ Petition is filed under Article 226 of the https://www.mhc.tn.gov.in/judis 2/7 WP.No.23767 & 23771 of 2022 Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 2 & 3 or their men, agents are any persons claiming under them from interfering with the peaceful conduct of petitioner's business in the name and style of M/s.Raise Beauty Care and Ayurveda, at Flat No.124E, 2nd Floor Crescent Court, Race Course Road, Coimbatore – 641 018.
For Petitioners : Mr.G.V.Sridharan (in both cases) For Respondents : Mr.S.Santhosh (in both cases) Government Advocate (Crl. Side) COMMON ORDER Mr.S.Santhosh, learned Government Advocate (Crl. Side) takes notice for the respondents. By consent of both the parties, these writ petitions are taken up for final disposal at the time of admission itself.
2. These writ petitions are filed seeking for the issuance of Writ of Mandamus to forbear the respondents 2 & 3 or their men, agents are any persons claiming under them from interfering with the peaceful conduct of petitioners' business.
3. According to the petitioners, they are carrying on business i.e., Salon and Spa, doing haircuts and provide cross massage without giving room to any sorts of complaint or whatsoever. The petitioners business are also assessed to Trade License, the third respondent has frequently interfering with the business activities of the petitioners' Salon and Spa and thereby, causing https://www.mhc.tn.gov.in/judis 3/7 WP.No.23767 & 23771 of 2022 hardship to the customers for their service. In order to prevent hardship, the petitioners have come forward with these writ petitions.
3. The learned Additional Public Prosecutor appearing for the respondents would submit that the respondents are not interfering with the business activities of the petitioners.
4. This Court, in similar circumstances, following the ratio laid down by this court in the judgment report in 2015(1) MLJ 308 [Masti Health and Beauty Private limited & Others V. The Commissioner of Police, Chennai City], 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 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 indulge in any unlawful or illegal activities detrimental to law and order or public order.
5. Since the issue involved in the present Writ Petitions are identical to the issue involved in W.P.No.9380 of 2016, it is relevant to extract para 67 https://www.mhc.tn.gov.in/judis 4/7 WP.No.23767 & 23771 of 2022 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. 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."
https://www.mhc.tn.gov.in/judis 6. In the light of the said order, the Writ Petitions are disposed of, by 5/7 WP.No.23767 & 23771 of 2022 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. At any violation, Police is at liberty to act as per law. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
05.09.2022 dhk Index:Yes/No
1.The State of Tamil Nadu Rep by its Secretary to Government Home Department Fort St.George Chennai – 600 009
2.The Superintendent of Police Superintendent of Police (Rural) Coimbatore District Superintendent of Police (Rural) Office State Bank Road Coimbatore – 641 018 https://www.mhc.tn.gov.in/judis 6/7 WP.No.23767 & 23771 of 2022 G.K. ILANTHIRAIYAN, J.
dhk
3.The Inspector of Police E3, Saravananpatti Police Station Saravanampatti – Kalapatti Road Ramanandha Nagar Saravanampatti Coimbatore – 641 035
4.The Inspector of Police C2, Race Course Police Station Race Course Road Near KG Hospital Gopalapuram Coimbatore – 641 018
5.The Public Prosecutor High Court of Madras WP..No.23767 & 23771 of 2022 05.09.2022 https://www.mhc.tn.gov.in/judis 7/7