Madras High Court
M/S Ayur Soukhya Health Care And ... vs The State Of Tamil Nadu on 2 June, 2023
W.P.No.15453 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2023
CORAM
THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN
W.P.No.15453 of 2023
and W.M.P.No.15003 of 2023
M/s Ayur Soukhya Health Care and Spa
represented by its Proprietor
E.Tamil Vendan
“Sri Vellaiamman Residency”,
Door No.1/262, A4, A5, A6,
Thiyagilal Street, Chinniyampalayam,
Coimbatore-641 062. …Petitioner
Vs.
1. The State of Tamil Nadu,
represented by its Secretary to Government,
Home Department,
Fort St.George,
Chennai-600 009.
2. The Commissioner of Police,
(Law & Order),
Commissioner of Police Office,
Coimbatore City, Huzur Road,
Uppilipalayam,
Coimbatore-641 018.
Page 1 of 6
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W.P.No.15453 of 2023
3. The Inspector of Police,
(Law & Order),
E2-Peelamedu Police Station,
Peelamedu,
Coimbatore-641004. …Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India praying
for the issuance of a Writ of Mandamus, forbearing the respondents 2 and 3 or
their men, agents or any persons claiming under them from interfering with the
peaceful conduct of petitioner's business in the name and style of “Ayur Soukhya
Health Care and SPA” situated at “Sri Vellaiamman Residency”, Door No. 1/262,
A4, A5, A6, Thiyagilal Street, Chinniyampalayam, Coimbatore-641 062.
For Petitioner : Mr.G.V.Sridharan
For Respondents : Mr.Leonard Arul Joseph Selvam
Government Advocate (Crl. Side)
ORDER
This Writ Petition has been filed for the issuance of Writ of Mandamus,
forbearing the respondents 2 and 3 or their men, agents or any persons claiming
under them from interfering with the peaceful conduct of petitioner's business in
the name and style of “Ayur Soukhya Health Care and SPA” situated at “Sri
Vellaiamman Residency”, Door No. 1/262, A4, A5, A6, Thiyagilal Street,
Chinniyampalayam, Coimbatore-641 062.
2. According to the petitioner, he is carrying on business i.e., spa and provide
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W.P.No.15453 of 2023
cross massage in the name and style of “Ayur Soukhya Health Care and SPA”
situated at “Sri Vellaiamman Residency”, Door No. 1/262, A4, A5, A6, Thiyagilal
Street, Chinniyampalayam, Coimbatore-641 062, without giving room to any
sorts of complaint or whatsoever. 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 Government Advocate (Criminal side) 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 reported 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
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W.P.No.15453 of 2023
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 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
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W.P.No.15453 of 2023
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."
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. At any violation, Police is at liberty to
act as per law. Consequently, connected Miscellaneous Petition is closed. No costs.
02.06.2023
(1/3)
mn
Index:Yes/No
Speaking Order: Yes/No
G.CHANDRASEKHARAN.J.,
mn
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W.P.No.15453 of 2023
To
1. The Secretary to Government,
The State of Tamil Nadu,
Home Department,
Fort St.George,
Chennai-600 009.
2. The Commissioner of Police,
(Law & Order),
Commissioner of Police Office,
Coimbatore City, Huzur Road,
Uppilipalayam,
Coimbatore-641 018.
3. The Inspector of Police,
(Law & Order),
E2-Peelamedu Police Station,
Peelamedu,
Coimbatore-641004.
4. The Public Prosecutor,
High Court of Madras.
W.P.No.15453 of 2023
and W.M.P.No.15003 of 2023
02.06.2023
(1/3)
https://www.mhc.tn.gov.in/judis
