Madras High Court
M/S.Tendril Ayurveda And Beauty ... vs The State Of Tamil Nadu on 5 September, 2022
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
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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
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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
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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
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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
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
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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
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