Crown Spa vs. The State Of Telangana
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The petitioner, Crown Spa, represented by its proprietor, filed a writ petition seeking a mandamus to direct the respondent police officials not to interfere with its lawful business of running a spa and wellness center. The petitioner contended that the police were interfering under the guise of a notification dated June 30, 2010, and were forcing the petitioner to obtain similar court orders as granted in a previous batch of writ petitions (W.P. No. 16281 of 2010 and batch). The petitioner asserted that it was operating lawfully and adhering to all regulations. The respondents, represented by the Assistant Government Pleader for Home, argued that the petitioner was operating without necessary permissions from municipal authorities and GST authorities. However, they also stated that they would follow the directions previously issued by the court in W.P. No. 16281 of 2010 and batch.
Held
The Court disposed of the writ petition by directing the petitioner to strictly follow the directions previously issued by this Court in W.P. No. 16281 of 2010 and batch, which permitted the operation of massage centers subject to specific conditions. These conditions included maintaining customer records, allowing police verification of these records, and ensuring professional conduct of services to prevent immoral activities. The Court clarified that its order did not preclude the respondents from ensuring the petitioner's compliance with these directions. If any deviation was observed, the police were empowered to take appropriate steps in accordance with the law. The Court also noted that it was open for the petitioner to obtain necessary permissions from the Municipal and GST authorities. The Court did not expressly leave any issue undecided, but the core of the decision was to enforce existing judicial directives and statutory compliance.
Key Issues
1. Whether the actions of the respondent police officials in interfering with the lawful business of the petitioner's spa and wellness center, under the guise of a notification dated June 30, 2010, are arbitrary, illegal, and unconstitutional, violating Articles 14 and 19(1)(g) of the Constitution of India? Petitioner's contention: The petitioner argued that its business is lawful and that the police interference is unwarranted and violates its fundamental rights to equality and freedom of trade. It claimed to be already complying with the directions issued by this Court in a previous batch of writ petitions (W.P. No. 16281 of 2010 and batch) and that the police were unnecessarily insisting on a fresh order. Revenue's contention: The respondents argued that the petitioner was operating without obtaining necessary permissions from municipal authorities and GST authorities. However, they also submitted that they would abide by the directions previously issued by this Court in W.P. No. 16281 of 2010 and batch.
Sections Cited
Article 14, Article 19(1)(g)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL trIRIT PETITION No.17994 ot2026 Date: L2.O6,2O26 Betweeu: CROWN SPA ..Petitioner And The State of Telangana, Rep. by its Principal Secretary, Home Department, T.S. Secretariat, Hyderabad, TG-500004 and others . Respondents ORDER: This Writ Petition is hled seeking the following relief:- '. . .. [o issue an approprtate wrtt, order or direction more preferabLg one in the nature of Wit of Mandamus directing the action of Respondents Police Officials ond Offcers o/ SOI in interlenng uilh lawfut business of petitioner shops under the gutse of tmpugned notification No. &eO)/ Ma/ 3140/ 2010, dated. 3O.O6.2O10 passed by the 2"d respondent and forcing the petitioners to secure similar orders from this Honourable Court as passed in W.P.No.16281 of 2010 and batch though there is no nolation committed by the petitioners in running their SpA WelLness Centre as arbitrary, itlegal and unconstitutional and uiolattue of Articles 14, lg(j)(g) of the Constitution of India qnd direct the respondents and their officers not to interfere in the dag to dag business of petitioner shops and. grant. . .. "
Heard Sri Revelli Ramanjaneyulu, learned counsel for the petitioner and Sri M.Srrnivas, learned Government Pleader for lJome appearing for the olficial respondents and with their consent, this writ petition is being taken up for disposal at the admission stage. appearing Assistant
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Learned connsel appearing for the petitioner would submit that the peLitioner is engaged in the business of providing solutions for all beauty and wellness needs such as saloon and spa. The petitioner is holding valid registration certificates for running his business in Hyderabacl. It is further submitted that the respondents visited the SPA Centre and asked the petitioner u.hether he has an order from this Court to run the business as this Court had decided similar issues in the order, dated 28.09.2021 in W.P.No.16281 of 201(l and batch, wherein this Court issucd the following directions:- ''ln vier.r,of the slrbmissions of learned counsel for bolh sides, these Writ Petrtions are disposed of in terms of ordt:r dated 04.02.2021 in LA.No.1 ot 2O2O in W.P.No.2441O cf 2O2O, permitting the petitLoners to run the massage centres, subject to maintaining a lecord ln the register to be maintaine(l by the massage ccntres containing the dates of visits of the customers, their names and veriltable addresses together with the phone numbers, so as to enable the police to contact them on the aspect of the request to the owner/ manager/ operator of the massagc centres to provrde for the help from the cpposite sex Further, it shall be open to any police ofircer not below the rank of a Sul) Inspector of Police attached to anl police sLatron to verifv once in a while such records mainta:ned by tire massage cerltres and he shaLl also be at Iiberty to verify as to whether the particular customer has solicited any such special sen'ice frotn lhe massage centre or not lt is also open to the police to take appropriate action depending upon the rcsult of anl' srrch vcrification and also considering the fact that u'hether the cross massage service provided to the customers is in proi-essional manner or not Police are also entitled to investigat(r into crimes, iI any, reported against the 3 petitioners. Petitioners are also directed not to keep the main door of the premises closed, during the working hours. Subject to these conditions, the petitioners may be permitted to carry on the business, duly taking all necessary and proper precautions to ensure that no incident of immoral activity is carried on under the guise of providing whole body massage. Miscellaneous petitions pending in all the Writ petitions, if aly, shall stand closed. There shall be no order as to costs" It is stated that the petitioner is already implementing the directions of this Court and there is no deviation from the same in whatsoever manner, yet the respondents are insisting to secure an order from this Court to continue the business. Questioning the same, the present Writ petition is hled.
Learned Assistant Government Pleader for Home has submitted that without obtaining any permission from the municipal authorities as well as GST as required under law, the petitioner is operating his business activities. He further submitted that the respondents are not interfering with the business activities of the petitioner and the respondents would follow the directions issued by this Court in the order, dated 28.09.2021 in W.P.No. 16281 of 2O10 and batch.
In view of the said submissions, this Writ Petition is disposed of, directing the petitioner to follow the directions issued by this Court in the order dated 28.09 .2O2L in W.P.No.16287 of 2010 and batch. However, this order does not preclude the responden[s to ensure that the petitioner is t
4 To, following the directions issued by this Court in W.P.No. 16281 of 2O1O and batch, and if any deviation is observed, the respondents police mav take appropriate steps strictly in accordance with law, and if any complaint is macle against the petitioner, Lhe petitioner shall cooperate with the enquiry with the respondents policc. Needless to mention, it is open to the petitioner to obtarn permission from the authorities i.e., Munir:ipal and GST and to comply with the order passed by this Court dated 2a.O9.2021 in W.P.No.16281 of 20iO and batch. As a sequel, tl-re misccllaneous petitions pen,1ing, if any, shall stand closed. No costs. C.DEEPIKA ASSISTANT REGISTRAR //// 6 SECTION OFFICER The Principal Secretary, Home Department, T S secretariat' Hyderabad' State of Telangana-500004 The Commissioner of Police, Hyderabad City Police Commissionerate Road l.lo. t Z, Aanlara Hills, Hyderabad' Telangana-500034 The Assistant commissioner of Police, ACP Banjara Hills Division, 3271330' i"irr*-n".ia".cy, B-2-268t'4, Rd Number 3, Green Valley, Baniara Hills, Hyderabad, Telangana 500034 The Station House Officer' Banjara Hills Police station Road no' 3 Green Mosque Line, Ban jara Hills One CC to SRI REVELLI RAMANJANEYULU' Advocate [OPUC] TwoCCstoGPFoRHoME,HighcourtfortheStateofTelangana'at Hyderabad [OUT] Two CD CoPies 1 2 ; batch) J 4 A b 7 c) (Along with the copy of order dated 28'09'2021, in W'P'No'16281 of 2010 & BSR TKS
HIGH COURT DATED: 1210612026 ORDER WP.No.17994 of 2026 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS STAI5 0 ,lull 2[26 ribii :l// -.,,/ -v ., 1 a ,.-'r ':lO ;: ..' \o t\ '( \ t
THE HONOURABLE SRI JUSTICE K.LAKSHMAN trrRIT PETITION Nos.16281 and 16419 of2OlO 797,1231. 1876 and 2272 of2014 3O317 of2015 15413, 15435, 29229. 29231. 30848.33L21.38409. 4073a. 40787 and,44939 of2016 646.658.2955 , 3407, 1 1051. 20,0,69. 2590L. 28920.41012. 41324. 41355 and 41422 of 2Ol7 3442. 17249.26367. 26822 34478. 35307. 3a617. 39397. 39917. 39937.440,44. 44067. 45592 and 45658 of 2O18: 2627.4399.3A91,4447.18861, 19352. 20,036,2L909, 2L924" 2 1930. 2270,0. 23794. 2467 4. 26410. 29LO7 anil 29121 of 2Ol9 3,47. 7o.8. 1887. 1906. 3589, 472a, s378. 20089, 20,443. 2L297.22338.22544. 22629 24040, 24oAL 24o.A5. 24334. 24357. 24410. 24657. 24659. 24660. 24662 and, 24673 of 2O2Ot 2442.3'561.4473, 4444, 6595, 6614, 8050, 13010,11225, 11350, 14562. 15431. 20734.2275L.22761.22764.22a15. 23o31 23361 and 23a22 of 2O2l COMMON ORDER: Since tfre issue involved in all these Writ Petitions is - one and the same, they are being disposed of by this common order.
It is submitted by the learned counsel for the petitioners in all the Writ Petitions and learned Government Pleader for Home that the entire batch of these Writ Petitions can be disposed of in terms of interim order dated 04.O2.2O21 in I.A.No.1 of 2O2O in W.P.No.2441O of 2O2O.
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In vieu' of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of order d.ated. 04.O2.2021 in I.A'No'1 of 2O2O in W.P.No.2441O of 2O2O, perrnitting the petitioners to run the massage centres, subject to maintaining a record in the register to be maintained by the massage centres containing the dates of visits of the customers, their names and verifiable addresses together with the phone numbers, so as to enable the police to contact them on the aspect of the request to the owner/manager/operator of the massage centres to provide for the help from the opposite sex. Further, it shall be open to arry police officer not below the rarrk of a Sub-Inspector of Police attached to arly police station to verify once in a while such records maintained by the massage centres and he shall also be at liberty to verify as to whether the particular customer has solicited any such special service from the massage centre or not. It is also open to the police to take appropriate action depending upon the result of aly such verification ald also considering the fact that whether the cross massage service provided to the customers is in professional manner or not. I
3 Police are also entitled to investigate into crimes, if any, reported against the petitioners. petitioners are also directed not to keep the main door of the premises closed, during the working hours. Subject to these conditions, the petitioners may be permitted to carry on the business, duly taking all necessar5r and proper precautions to ensure that no incident of immoral activity is carried on under the guise of providing whole body massage. Miscellaneous petitions pending in all the Writ petitions, if any, sha1l stand closed. There shall be no order as to costs. K. LAKSHMAN, J Date:28.09.2027 TJMR
Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.