Madras High Court
M.Aarthi Neyan vs The District Collector on 28 August, 2019
Author: P.D. Audikesavalu
Bench: P.D.Audikesavalu
W.P. No.9583 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. No.9583 of 2018
M.Aarthi Neyan ... Petitioner
-Vs-
1.The District Collector,
Coimbatore District,
Coimbatore.
2.The Superintendent of Police,
The District Police Office,
Coimbatore District – 641 018.
3.The Tahsildar,
Taluk Office Mettupalayam,
Coimbatore District.
4.The Special Officer,
Office of the Block Development Officer,
(Village Panchayat)
Oadathurai, Mettupalayam Taluk,
Coimbatore District.
5.The Inspector of Police,
Mettupalayam Police Station,
Coimbatore District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a Writ of Mandamus, forbearing the
Respondents herein or their men, agent, servants from interfering with
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W.P. No.9583 of 2018
the peaceful and conduct of the business viz., M/s. HEAVEN VALLEYS
BLOSSOM AYURVEDA UNISEX SPA situated S.F.No.2/499B,
Oadathurai Panchayat, Mettupalayam Taluk, Coimbatore District.
For Petitioner : Mr. P. Kalimuthu
For Respondents : Mr.M.Karthikeyan for R1to R3 &R5
Additional Government Pleader
: Mr.N.Srinivasan for R4
ORDER
This Writ Petition has been filed for a direction to the Respondents from not interfering with the peaceful and conduct of the business viz., M/s. Heavaen Valleys Blossom Ayurveda Unisex Spa, situated S.F.No.2/499B, Oadathurai Panchayat, Mettupalayam Taluk, Coimbatore District.
2. In support of the aforesaid relief claimed, reliance was placed by the Learned Counsel for the Petitioner on the decision of this Court in M/s. Mastil Health and Beauty Private Limited -vs- Commissioner of Police, Chennai (order dated 09.12.2014 in W.P. No. 24629 of 2014 etc., batch). In that decision, this Court has held as follows:-
"67. In the light of the above, all the Writ Petitions are disposed of to the following effect:-
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(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 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 3/6 http://www.judis.nic.in W.P. No.9583 of 2018 before 31.03.2015, before this Court, about the decision taken. No costs. Consequently, all connected pending MPs are closed."
3. In response to that contention, Learned Additional Government Pleader appearing for the Respondents submitted that accepting the suggestions made by this Court in the aforesaid decision, amendments have been made to the Chennai City Municipal Corporation Act, 1919, as well as in the laws relating to other urban local bodies in the State of Tamil Nadu, which have come into force with effect from 01.02.2019 as per which licence is required for carrying on business of Beauty Parlour, Spa and Massage Parlour in any premises within the territorial limits of the respective local bodies.
4. In view of the aforesaid submissions made by the Learned Counsel for both sides, this Court during the earlier hearing on 22.07.2019 passed the following order:-
“2. In view of the same, the Petitioner shall make necessary application before the concerned authority by 13.08.2019 and file proof for the same before the next 4/6 http://www.judis.nic.in W.P. No.9583 of 2018 hearing. The concerned authority shall file a report of the action taken on such application for licence, if made by the Petitioner on the next hearing.
Post the matter under the caption 'requirement of license for Beauty Parlours in Tamil Nadu' on 28.08.2019."
5. When the matter is called today, the Learned Additional Government Pleader appearing for the Respondents submits that the Petitioner has not made any application for requisite licence till date. It is a well settled legal position that a mere contemplation or possibility that a right may be infringed without any legitimate basis for that right, would not suffice to give rise to a cause of action. In such circumstances, the question of granting the relief sought by the Petitioner in the Writ Petition does not arise for consideration.
6. Accordingly, the Writ Petition is dismissed. No costs.
28.08.2019 dna/maya/vjt Index : Yes / No Note: Issue order copy by 13.09.2019 5/6 http://www.judis.nic.in W.P. No.9583 of 2018 P.D. AUDIKESAVALU, J.
dna To
1.The District Collector, Coimbatore District, Coimbatore.
2.The Superintendent of Police, The District Police Office, Coimbatore District – 641 018.
3.The Tahsildar, Taluk Office Mettupalayam, Coimbatore District.
W.P. No.9583 of 2018
4.The Special Officer, Office of the Block Development Officer, (Village Panchayat) Oadathurai, Mettupalayam Taluk, Coimbatore District.
5.The Inspector of Police, Mettupalayam Police Station, Coimbatore District.
Dated : 28.08.2019 6/6 http://www.judis.nic.in