Madras High Court
G.Prabhakaran vs The Superintendent Of Police
1
BE F O R E THE MADURAI BE N C H OF MADRA S HIGH COUR T
DATED : 0 8. 0 8 . 2 0 1 9
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARA T HIDA S A N
W.P.(MD)No. 1 5 1 1 0 of 2 0 1 9
and
W.M.P.(MD).No. 1 1 6 1 6 of 2 0 1 9
G.Prabhakaran ... Petitioner
Vs.
1.The Superintendent of Police,
Office of the Superintendent of Police,
Tanjore,
Tanjore District.
2. The Inspector of Police,
South Police Station,
Ramanathan Roundana,
Tanjore,
Tanjore District.
3.The Commissioner,
Tanjore Corporation,
Tanjore,
Tanjore District.
... Respondents
http://www.judis.nic.in
2
Pray er: Writ Petition is filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, forbearing the respondents 1 and
2, their men and agents from in any way interfering with the petitioner's business
in the name and style of Queen Ayurvedic Massage Health Centre, being carried
out at 12th Cross Street, Arulanathammal Nagar, Tanjore, Tanjore District.
For Petitioner : Mr.G.Chandrasekar
For R1 & R2 : Mr.K.Suyambulinga Bharathi
Government Advocate (Crl.side)
For R3 : Mr.N.Dilipkumar
O R DE R
This writ petition has been filed seeking a direction to the respondents 1
and 2 not to interfere with the peaceful conduct of the petitioner's business in the
name and style of Queen Ayurvedic Massage Health Centre at 12 th Cross Street,
Arulanathammal Nagar, Tanjore, Tanjore District.
2. The grievance of the petitioner is that, he is running a massage parlour
business in the name of “Queen Ayurvedic Massage Health Centre”. Now, the
respondents 1 and 2 are preventing the petitioner from running the business on
the ground that he is running the business without obtaining any license.
According to the petitioner, there is no requirement to get a license from any
authorities to run the Ayurvedic Massage Health Centre. But the respondents 1
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and 2 are interfering with the petitioner's business and unnecessarily harassing
him.
3. The learned Additional Public Prosecutor appearing for the respondents,
on instructions, submitted that, now the Chennai City Municipal Corporation Act,
1919 and the Tamil Nadu District Municipalities Act, 1920 have been amended with
effect from 06.07.2018, wherein, Schedule V of the Act, requires a license for
running a Haircut Saloon, Beauty Parlour, Spa or Massage Parlour. The relevant
portion of the Amendment Act reads as follows:-
“(jj)Haircutting S al o o n or b e a ut y parlour, witho ut
partition or roo m .
(jjj)B e a ut y P arlo ur, s p a or m a s s a g e parlour, with partition
or roo m or s a u n a or bathing facilitie s:
Pro vid e d that no lice n c e sh all b e grant e d unle s s the
applica nt prod u c e s no obj e c ti o n c e rtificat e s fro m su c h He alth
Offic e r and P olic e Offic e r as m a y b e s p e c ifi e d by the Ex e c u tiv e
auth ority.”
4. As per the above said amendment, to run a Beauty Parlour, Haircut
Saloon, Spa or Massage Parlour, the petitioners should necessarily get a license
from the Authorities concerned.
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5. I have considered the rival submissions and also perused the materials
carefully.
6. Now the Tamil Nadu District Municipalities Act, 1920 as well as the
Chennai City Municipal Corporation Act, 1919, have been amended and as per the
amended provision, a license is required for running a Haircut Saloon, Beauty
Parlour, Massage Centre or Ayurvedic Spa. Admittedly, in the instant case, the
petitioner so far did not obtain any license. In the above circumstances, the prayer
sought for by the petitioner cannot be granted. Hence, the Writ Petition stands
dismissed. However, it is always open to the petitioner to approach the Authorities
concerned seeking for license and after obtaining license, he can run the Salon,
Parlour, marriage parlour, and Spa Centre. No costs. Consequently, the connected
Miscellaneous Petition is closed.
0 8. 0 8 . 2 0 1 9
Index :Yes/No
Internet:Yes/No
akv
http://www.judis.nic.in
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To
1.The Superintendent of Police,
Office of the Superintendent of Police,
Tanjore,
Tanjore District.
2. The Inspector of Police,
South Police Station,
Ramanathan Roundana,
Tanjore,
Tanjore District.
3.The Commissioner,
Tanjore Corporation,
Tanjore,
Tanjore District.
http://www.judis.nic.in
6
V.BHARA T HIDA S A N , J .
akv Order made in W.P.(MD)No. 1 5 1 1 0 of 2 0 1 9 Dated: 0 8. 0 8 . 2 0 1 9 http://www.judis.nic.in