Madras High Court
M/S.Greens Spa vs The State Of Tamil Nadu on 22 June, 2023
W.P.No.18367 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
W.P. No.18367 of 2023
and
W.M.P.No.17566 of 2023
M/s.Greens Spa
Rep. By its partner K.Suman
S/o.Karuppusamy
312/4, Saravanampatti,
Sathy Road, (West)
Coimbatore – 641 035. ... Petitioner
Vs.
1.The State of Tamil Nadu
Rep. 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,
Uppilipalayam,
Coimbatore – 641 018.
3.The Inspector of Police,
(Law & Order)
E – 3, Police Station,
Saravanampatti – Kalapatti Road,
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.18367 of 2022
Thiruvannamail Nagar,
Ramanandha Nagar, Saravanampatti,
Coimbatore – 641 035. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India,
pleased to
a)issue 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
“Greens Spa” situated at 312/4, Saravanampatti, Sathy Road, (West)
Coimbatore – 641 035;
b)grant of order of interim injunction, restraining the respondents 2
and 3 or their men or agents or any persons claiming under them from
interfering with the carrying on the business of the petitioner in the name
and style of “ Greens Spa” situated at 312/4, Saravanampatti, Sathy Road,
(West) Coimbatore – 641 035 pending disposal of the above writ petition;
c)to pass such further or other orders as it may deem fit.
For Petitioner : Mr.G.V.Sridharan
For Respondents : Mr.Leonard Arul Joseph Selvam
Government Advocate (Crl. Side)
ORDER
This writ petition has been filed to,
a)issue 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
https://www.mhc.tn.gov.in/judis
W.P.No.18367 of 2022
“Greens Spa” situated at 312/4, Saravanampatti, Sathy Road, (West)
Coimbatore – 641 035;
b)grant of order of interim injunction, restraining the respondents 2
and 3 or their men or agents or any persons claiming under them from
interfering with the carrying on the business of the petitioner in the name
and style of “ Greens Spa” situated at 312/4, Saravanampatti, Sathy Road,
(West) Coimbatore – 641 035 pending disposal of the above writ petition;
2. According to the petitioner, he is carrying on business i.e., “Greens
Spa”, doing hair cut and cross massage in Ayurveda in the name and style of
“Greens Spa” situated at 312/4, Saravanampatti, Sathy Road, (West)
Coimbatore – 641 035, 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.
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W.P.No.18367 of 2022
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 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 :
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W.P.No.18367 of 2022
(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."
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W.P.No.18367 of 2022
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. No costs.
Consequently, connected Writ Miscellaneous Petition is closed.
22.06.2023
ep
Index :Yes/No
Internet:Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.18367 of 2022
To
1.The State of Tamil Nadu
Rep. 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,
Uppilipalayam,
Coimbatore – 641 018.
3.The Inspector of Police,
(Law & Order)
E – 3, Police Station,
Saravanampatti – Kalapatti Road,
Thiruvannamail Nagar,
Ramanandha Nagar, Saravanampatti,
Coimbatore – 641 035.
4. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
W.P.No.18367 of 2022
G.CHANDRASEKHARAN.J.,
ep
W.P. No.18367 of 2023
and
W.M.P.No.17566 of 2023
22.06.2023
https://www.mhc.tn.gov.in/judis
