Madras High Court
M/S.Meraki Unisex Salon And Spa ... vs The Superintendent Of Police on 17 May, 2023
W.P(MD)No.11895 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.05.2023
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
W.P (MD).No. 11895 of 2023
and
WMP(MD) No.10325 of 2023
M/s.Meraki Unisex Salon and Spa Centre,
Represented by its Proprietor
S.Praveenkumar,
S/o. Sivakumar,
Carrying Business at
No.3/30, D.Vaigai Complex,
Sivagangai Main Road,
Karuppayurani,
Madurai District- 625 020. ... Petitioner
Vs.
1. The Superintendent of Police,
Survey Colony,
Madurai District – 625 007.
2. The Inspector of Police,
Karuppayurani Police Station,
Madurai District- 625 020. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, to consider the petitioner's
representation dated 11.05.2023 and forbearing the respondents 1 and 2
or their men, agents from interfering with the peaceful conduct of
business i.e. cross massage in the name and style of “M/s.Meraki Unisex
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W.P(MD)No.11895 of 2023
Salon And Spa” at No.3/30D, Vaigai Complex, Sivagangai Main Road,
Karuppayurani, Madurai, Madurai District – 625 020.
For Petitioner : Mr.D.Jagadeesan
For Respondents : Mr.R.Meenakshi Sundaram
Additional Public Prosecutor
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus,
to consider the petitioner's representation dated 11.05.2023 and
forbearing the respondents 1 and 2 or their men, agents from interfering
with the peaceful conduct of business i.e. cross massage in the name and
style of “M/s.Meraki Unisex Salon And Spa” at No.3/30D, Vaigai
Complex, Sivagangai Main Road, Karuppayurani, Madurai, Madurai
District.
2. According to the petitioner, he is carrying on business i.e.,
cross massage therapies, in which cures many illness in the body
including the nervous disorder in a slow phase process in the name and
style of “M/s.Meraki Unisex Salon And Spa” at No.3/30D, Vaigai
Complex, Sivagangai Main Road, Karuppayurani, Madurai District
without giving room to any sorts of complaint or whatsoever. The
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W.P(MD)No.11895 of 2023
petitioner business is also assessed to professional tax whereas, the
respondents have frequently came and interfering with the business of
the petitioner's Saloon and Spa Center 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 reported in 2015(1) MLJ 308 [Masti
Health and Beauty Private limited & Others V. The Commissioner of
Police,nChennai 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.
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W.P(MD)No.11895 of 2023
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
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W.P(MD)No.11895 of 2023
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 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.
17.05.2023
Internet : Yes
Index : Yes/No
Speaking/Non Speaking order
ebsi
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W.P(MD)No.11895 of 2023
To
1. The Superintendent of Police,
Survey Colony,
Madurai District – 625 007.
2. The Inspector of Police,
Karuppayurani Police Station,
Madurai District- 625 020.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.11895 of 2023
T.V.THAMILSELVI, J.
ebsi
W.P (MD).No.11895 of 2023
17.05.2023
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