Madras High Court
M/S.Flower Family Beauty Parlour ... vs The State Of Tamil Nadu on 5 April, 2022
W.P.No.8064 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2022
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.No.8064 of 2022
M/s.Flower Family Beauty Parlour Saloon @ Spa
Rep. its Proprietor S.Srinivasan
S/o. Sukkalachary,
carrying on business at
No.14/14, Ramadoss Nagar,
Sembium, Redhills Road, Kolathur,
Chennai – 600 099. ... Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Secretary,
Home Department,
Fort St. George,
Chennai - 600 009.
2.The Commissioner of Police,
O/o. Commissioner of Police,
132, EVK Sampath Rd, Vepery,
Periyamet,
Chennai – 600007.
3.The Inspector of Police,
V6, Kolathur Police Station,
3rd Street, Vasantham Nagar,
Kumaran Nagar, Kolathur,
Chennai – 600 082. ... Respondents
____________
https://www.mhc.tn.gov.in/judis
Page No. 1 of 6
W.P.No.8064 of 2022
Prayer: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, forbearing the second and third respondents or their men,
agents from interfering with the peaceful conduct of petitioner's business in
the name and style of "Flower Family Beauty Parlour Saloon & Spa” at Door
No.14/14, Ramadoss Nagar, Sembium, Redhills Road,
Kolathur, Chennai – 600 009.
For Petitioner : Mr.G.V.Sridharan
For Respondents : Mr.Gokulakrishnan
Additional Public Prosecutor
ORDER
This writ petition has been filed for the issuance of a Writ of
Mandamus, to forbear the second and third respondents or their men, agents
from interfering with the peaceful conduct of petitioner's business in the name
and style of "Flower Family Beauty Parlour Saloon & Spa” at Door No.14/14,
Ramadoss Nagar, Sembium, Redhills Road, Kolathur, Chennai – 600 099.
2. According to the petitioner, he is carrying on business i.e., Salon and
Spa, doing haircuts and provide cross massage in the name and style of
"Flower Family Beauty Parlour Saloon & Spa" at Door No.14/14, Ramadoss
Nagar, Sembium, Redhills Road, Kolathur, Chennai – 600 099 without giving
room to any sorts of complaint or whatsoever. The petitioner business is also
____________
https://www.mhc.tn.gov.in/judis
W.P.No.8064 of 2022
assessed to professional tax whereas, the third respondent has frequently
came and interfering with the business activities of the petitioner's Salon and
Spa and thereby, causing hardship to the customers for their service. 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.
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
____________
https://www.mhc.tn.gov.in/judis
W.P.No.8064 of 2022
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 relevant to extract para 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. 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
____________
https://www.mhc.tn.gov.in/judis
W.P.No.8064 of 2022
MPs are closed."
6. In the light of the said order, the Writ Petition is disposed of, by
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.
No costs. Consequently, connected Writ Miscellaneous Petition is closed.
05.04.2022
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking Order
kmm/nti
A.D.JAGADISH CHANDIRA,J.
____________
https://www.mhc.tn.gov.in/judis
W.P.No.8064 of 2022
nti/kmm
To
1.The Secretary,
Home Department,
Fort St. George,
Chennai - 600 009.
2.The Commissioner of Police,
O/o. Commissioner of Police,
132, EVK Sampath Rd, Vepery,
Periyamet,
Chennai – 600007.
3.The Inspector of Police,
V6, Kolathur Police Station,
3rd Street, Vasantham Nagar,
Kumaran Nagar, Kolathur,
Chennai – 600 082.
4.The Public Prosecutor,
High Court of Madras.
W.P.No.8064 of 2022
____________
https://www.mhc.tn.gov.in/judis
