Madras High Court
M/S.Thamarai Spa vs The State Of Tamil Nadu on 23 March, 2022
W.P.No.6729 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.03.2022
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.No.6729 of 2022
and
W.M.P.No.6815 of 2022
M/s.Thamarai Spa,
Represented by its Proprietrix Parameshwari,
D/o.Kuppan,
64A & 64B, Sarojini Road,
Siddhaputhur, BKR Nagar,
Coimbatore – 641 044. ... 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,
62, Old Post Office Road,
Near Railway Station,
Opp Collector Office,
Gopalapuram, Coimbatore – 641 018.
3.The Inspector of Police,
C2, Race Course Police Station,
Race Course Road,
Near KG Hospital,
Gopalapuram, Coimbatore – 641 018. ... Respondents
https://www.mhc.tn.gov.in/judis
1/6
W.P.No.6729 of 2022
Prayer: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, forbearing the respondents 2 & 3 or their men, agents
from interfering with the peaceful conduct of business in the name and style
of "Thamarai Spa" at 64A & 64B, Sarojini Road, Siddhaputhur, BKR Nagar,
Coimbatore – 641 044.
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 business in the name and style
of "Thamarai Spa" at 64A & 64B, Sarojini Road, Siddhaputhur, BKR Nagar,
Coimbatore – 641 044.
2. According to the petitioner, she is carrying on business i.e., Salon
and Spa, doing haircuts and provide cross massage in the name and style of
"Thamarai Spa" at 64A & 64B, Sarojini Road, Siddhaputhur, BKR Nagar,
Coimbatore – 641 044, without giving room to any sorts of complaint or
whatsoever. The petitioner business is also assessed to professional tax
https://www.mhc.tn.gov.in/judis
W.P.No.6729 of 2022
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
public order.
https://www.mhc.tn.gov.in/judis
W.P.No.6729 of 2022
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
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W.P.No.6729 of 2022
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."
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.
23.03.2022
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking Order
ham/rgi
https://www.mhc.tn.gov.in/judis
W.P.No.6729 of 2022
A.D.JAGADISH CHANDIRA,J.
ham/rgi
To
1.The Secretary,
Government of Tamil Nadu,
Home Department,
Fort St. George, Chennai - 600 009.
2.The Commissioner of Police,
O/o. Commissioner of Police,
62, Old Post Office Road,
Near Railway Station,
Opp Collector Office,
Gopalapuram, Coimbatore – 641 018.
3.The Inspector of Police,
C2, Race Course Police Station,
Race Course Road,
Near KG Hospital,
Gopalapuram, Coimbatore – 641 018.
4.The Public Prosecutor,
High Court of Madras.
W.P.No.6729 of 2022
and W.M.P.No.6815 of 2022
23.03.2022
https://www.mhc.tn.gov.in/judis
