Madras High Court
Shakeela vs The Superintendent Of Police on 4 April, 2019
Author: K.Ravichandrabaabu
Bench: K.Ravichandrabaabu
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2019
CORAM
THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU
W.P.Nos.31941, 21273, 30470, 31688, 32056 & 30492 of 2018
and
W.P.Nos.185, 414, 5567, 7487, 7690, 8494 & 9347 of 2019
and
W.M.P.Nos.24942, 35539, 36960, 37176, 37305 of 2018
and
WM.P.Nos.470, 6338, 8151, 8326,9016 & 9905 of 2019
W.P.No.31941 of 2018
Shakeela ... Petitioner
Vs
1.The Superintendent of Police,
Taluk Office Road, Erode,
Erode District.
2.The Inspector of Police,
Chithodu Police Station,
Erode, Erode District.
3.The Commissioner,
Erode Corporation,
Erode.
(R3 impleaded suo motu vide court order
dated 17.12.2018 made in
W.P.No.31941/2018 by PNPJ) ... Respondents
Writ Petitions filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus forbearing the respondents form
interfering with the peaceful conduct of business i.e. Cross massage in the
http://www.judis.nic.inname and style of “NEEMS KERALA AYURVEDIC CLINIC” Door No.582/558,
2
Mudhali Street, Near Mariyama Koil, Kalingarayapalayam Village, Erode
Taluk, Erode District.
For Petitioner in WP.Nos.31941,
21273, 32056, 30470, 31688/2018 &
414, 7690, 8494, 9347, 7487/2019 : Mr.S.Leonard Vasanth
For Petitioner in WP.30492/2018
WP.No.185/2019 : Mr.K.Venkatesan
For Petitioner in WP.No.5567/2019 : Mr.D.Arun
For Respondents : Mr.S.R.Rajagopal,
Additional Advocate General
assisted by Mr.E.Balamurugan,
Special Government Pleader
for R1 & R2 in all W.Ps.
and for R3 in W.P.30492/2018
Mr.M.Rajamathivanan for R3
in W.P.31941/2018
R3- service awaited
in W.P.Nos.21273, 30470 &
32056/2018
COMMON ORDER
In all these writ petitions, the respective writ petitioners, who are running Beauty Parlour/ Spa / Massage Parlour seek for mandamus, forbearing the respective respondents from interfering with their peaceful conduct of business of beauty parlour/ Spa / massage parlour at the respective premises under the guise of inspection.
2. According to the petitioners, they are carrying on their business http://www.judis.nic.in 3 lawfully without doing any illegal or unlawful activities and therefore, unwarranted interference by the respondents has to be stopped.
3. The learned Additional Advocate General appearing for the respondents however, submitted that a notification dated 27.02.2019 is issued under Section 373 of the Chennai City Municipal Corporation Act, 1919, wherein and whereby, the Beauty Parlour, Spa and Massage Parlour are included in Schedule-VI for obtaining Trade License to be issued by the Greater Chennai Corporation. He produced a copy of the said notification. He further submitted that similar notifications are issued in respect of all the Municipalities and Corporations in the State of Tamilnadu as well and therefore, the respective petitioners who are presently running or persons who propose to run Beauty Parlour/ Spa/ Massage Parlour in this State have to obtain such license from the competent authority. Therefore, he submitted that the petitioners have to necessarily apply for license before the competent authority and get the same so as to enable them to run the Beauty Parlour, Spa and Massage Parlours in accordance with the terms of the license.
4. The learned Additional Advocate General further submitted that though issuance of such license was originally scheduled to commence from 01.04.2019, the said cut off date is extended upto 30.06.2019 and http://www.judis.nic.in 4 therefore, all these petitioners can apply for such license before the competent authorities within such time by complying with all the requirements. He has also given an undertaking that since the date of commencement of issuance of such license will be extended till 30.06.2019, the status quo as on today will be maintained, in respect of the existing Beauty Parlour, Spa and Massage Parlour.
5. In view of the above stated facts and circumstances and since the Beauty Parlour, Spa and Massage Parlours are included in Schedule VI for obtaining Trade License as notified by the Chennai Corporation and other Corporations and Municipalities of this State, it is for these petitioners as well as similarly situated persons to apply for such license. Since the time is agreed to be extended till 30.06.2019 to issue the said license, the respondents are directed to maintain status quo as on today in respect of all the Beauty Parlour, Spa and Massage Parlour in this State till 30.06.2019. However, if the concerned authorities receive complaint about any illegal or unlawful activities allegedly being carried on in those places, the order of status quo granted herein will not be a bar for such authorities to take action against those erring persons in accordance with law.
6. The learned Additional Advocate General also stated that a http://www.judis.nic.in 5 general circular will be issued to all the Municipalities and Corporations indicating the notification issued with regard to the license to be obtained by the Beauty Parlour, Spa and Massage Parlour. He further stated that necessary paper publication will also be given inviting application from the Beauty Parlour/ Spa/ Massage Parlour to apply for license with effect from 30.06.2019 in accordance with the notification issued as stated supra. The above said undertakings given by learned Additional Advocate General are recorded.
7. In view of the above stated facts and circumstances and the notifications issued as stated supra, these Writ Petitions are disposed of with the following directions:
a) All the petitioners are directed to apply for the license to run their respective Beauty Parlour/Spa/Massage Parlour before the concerned Authority by making necessary application within a period of one month from the date of receipt of a copy of this order.
b) On receipt of such applications, the concerned Authority shall dispose of such application on merits and in accordance with law on or before 30.06.2019.
c) The State of Tamilnadu through its Secretary, Home Department, shall issue paper publication inviting application from the persons running Beauty Parlour/Spa/Massage Parlour, to apply for license with effect from http://www.judis.nic.in 6 30.06.2019.
d) The Government of Tamilnadu also will intimate, through a General Circular, all the Municipalities and Corporations about the respective notification issued with regard to the requirement to get license by the Beauty Parlours/Spa/Massage Parlour.
e) Since the time to issue license is extended till 30.06.2019, the respondents are directed to maintain status quo as on today in respect of Beauty Parlour/Spa/Massage Parlour in the State till 30.06.2019.
f) However, the above order of status quo will not be a bar for the law enforcing authorities to take appropriate action against any of the Beauty Parlour/Spa/Massage Parlour, if they receive any complaint against them of some illegal or unlawful activities allegedly being carried on in those places.
No costs. Consequently, connected miscellaneous petitions are closed.
04.04.2019 Speaking/Non Speaking Index : Yes / No Internet : Yes / No vsi/gsi Note: Issue order copy on 08.04.2019 http://www.judis.nic.in 7 To
1.The Superintendent of Police, Taluk Office Road, Erode, Erode District.
2.The Inspector of Police, Chithodu Police Station, Erode, Erode District.
3.The Commissioner, Erode Corporation, Erode.
http://www.judis.nic.in 8 K.RAVICHANDRABAABU, J.
vsi/gsi WW.P.Nos.31941, 21273, 30470, 31688, 32056 & 30492 of 2018 and W.P.Nos.185, 414, 5567, 7487, 7690, 8494 & 9347 of 2019 04.04.2019 http://www.judis.nic.in