Ponraj vs The Commissioner Of Police
2023 Latest Caselaw 1080 Mad

Citation : 2023 Latest Caselaw 1080 Mad
Judgement Date : 27 January, 2023

Madras High Court

Ponraj vs The Commissioner Of Police on 27 January, 2023

                                                                           W.P(MD)No.1547 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 27.01.2023

                                                     CORAM :

                       THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                             W.P(MD)No.1547 of 2023


                     Ponraj                                                    ... Petitioner

                                                         Vs.

                     1.The Commissioner of Police,
                       Tirunelveli City,
                       Tirunelveli District.

                     2.The Inspector of Police,
                       Palayamkottai Police Station,
                       Tirunelveli District.                                   ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus, forbearing the
                     respondents 1 and 2 from anyway interfering with peaceful conduct of
                     petitioner's business at “Nellai Thimmara Ayur Care”, No.5A, Lascar
                     Kana Street, Sangamithira Building, First Floor, Palayamkottai,
                     Tirunelveli District based on the petitioner's representation dated
                     14.01.2023.
                                   For Petitioner      : Mr.S.P.Vijay Ananth
                                   For Respondents     : Mr.M.Muthumanikkam
                                                         Government Advocate (Crl. Side)


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                                                                                    W.P(MD)No.1547 of 2023




                                                           ORDER

The writ petitioner filed this Writ Petition seeking for issuance of a

Writ of Mandamus forbearing the respondents 1 and 2 from anyway

interfering with the peaceful conduct of the petitioner's business at

“Nellai Thimmara Ayur Care”, No.5A, Lascar Kana Street, Sangamithira

Building, First Floor, Palayamkottai, Tirunelveli District based on the

petitioner's representation dated 14.01.2023.

2. Mr.M.Muthumanikkam, learned Government Advocate

(Criminal Side) takes notice for the respondents. By consent, this writ

petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the writ petitioner would

submit that the writ petitioner is running a therapy centre in the name and

style of 'Nellai Thammira Ayur Care' and the Ministry of Micro, Small

and Medium Enterprises issued a license under Micro Enterprises

No.UDYAM-18-TN-0018919 to run the writ petitioner's therapy centre.

He would further submit that the writ petitioner has been running the

centre in accordance with law without any room for any complaint from

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any queries. He would also submit that there is no law regulating all

these business nor any license is required from the respondent police or

any other authorities and also there is no specific legal provision under

any act which obliges a Spa centre to be licensed by the respondents.

4. The learned counsel appearing for the writ petitioner would

submit that the respondents under the guise of conducting raids and

interfering that the running of the business and thereby affect the

reputation of the writ petitioner. He would further submit that in the

similar circumstances, the police interfered with the business of Spa

running by various other Spa owners, the city at Madras and they had

approached the Principal Bench of this Hon'ble Court and this Court had

in the decision reported in 2015 (1) CTC 702, had passed directions to

the respondents in respect of regulating the business of Massage Parlours

and Spa and he would refer to Para Nos.64 & 65 of the Judgment of this

Court. He would also submit that the writ petitioner has never been

brought to any adverse notice and no complaint has been given by

anybody against the writ petitioner.

5. The learned Government Advocate (Criminal Side) appearing

for the respondents would submit that they only received complaints

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from several persons that under the guise of running Spas, certain

persons are indulging in illegal trade. He would further submit that since

such type offences were committed in the City of Madurai, under the

guise of running Spa. The Deputy Commissioner of Police (Law and

Order) had issued a Memorandum vide in C.No.86/Important/DC/L&O/

MC/2018 dated 24.10.2018 and gave instructions to check all the Beauty

Parlours and Massage Centres and review the license which were

obtained from Corporation under Section 360 of Corporation Act and

also verify that the workers in Beauty Parlour and Massage Centres and

also verify that the certificates issued to the workers in the massage

Centres and that they have not illegally interfered with the trade of the

writ petitioner. However, he would fairly submit that the writ petitioner

has not been brought to any adverse notice so far.

6. In view of the same and the earlier directions passed by this

Court in 2015 (1) CTC 702, this Court is inclined to pass the following

order;

(1) The respondents shall not, as a matter of routing and

without any basis, conduct any raids and interfere with the

business carried on by the writ petitioner and

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(2) 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.

7. However, it is made clear that under the guise of obtaining this

order, the writ petitioner cannot be allowed to involve in any illegal

activities and in the event of the respondents receiving any information

that any illegal activities is being done by the writ petitioner, the

respondents are at liberty to take appropriate action in accordance with

law.

8. With the above observations, the Writ Petition stands disposed

of.

27.01.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm

https://www.mhc.tn.gov.in/judis W.P(MD)No.1547 of 2023

A.D.JAGADISH CHANDIRA, J

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