Reflection Spa vs. The State Of Telangana
Original PDF →Facts
The petitioner, Reflection Spa, represented by its proprietor, operates a beauty and wellness center offering salon and spa services. The petitioner holds valid registration certificates for its business in Hyderabad and Ranga Reddy Districts. The respondents, including police officials, visited the petitioner's SPA center and questioned the operation of the business, referencing a previous High Court order in W.P. No. 16281 of 2010 and batch. The petitioner claims to be adhering to the directions in that order, which pertains to the operation of massage centers. The petitioner filed the present writ petition seeking a direction to prevent the police and other officers from interfering with its lawful business under the guise of a notification dated 30.06.2010, alleging the interference is arbitrary and unconstitutional.
Held
The Court directed that the writ petition be disposed of in terms of the order dated 28.09.2021 in W.P. No. 16281 of 2010 and batch. This order permits the petitioners to run their massage centers subject to maintaining a record of customer visits, including names, verifiable addresses, and phone numbers, to enable police contact. Police officers not below the rank of Sub-Inspector are permitted to verify these records and ascertain if any special services were solicited or if the services provided were professional. The police are also entitled to investigate any reported crimes. Petitioners are directed not to keep main doors closed during working hours. The Court clarified that this order does not preclude respondents from ensuring compliance with the directions and taking appropriate action in case of deviation. It also noted that it is open for the petitioner to obtain necessary municipal and GST permissions and comply with the Court's order. The Court also stated that the respondents would follow the directions issued by this Court in the order dated 28.09.2021 in W.P. No. 16281 of 2010 and batch, but this does not preclude them from ensuring the petitioner's compliance and taking action if deviations are observed.
Key Issues
1. Whether the action of the respondent police officials and officers in interfering with the lawful business of the petitioner's SPA Wellness Centre, under the guise of notification No. (L&o)/M4/3140/2010 dated 30.06.2010, is arbitrary, illegal, and unconstitutional, violating Articles 14 and 19(1)(g) of the Constitution of India? Petitioner's Arguments: The petitioner contends that they are running a lawful business and are complying with the directions issued by this Court in W.P. No. 16281 of 2010 and batch. They argue that the respondents are insisting on a fresh court order to continue their business despite no violations. Respondents' Arguments: The learned Assistant Government Pleader for Home submitted that the petitioner is operating without obtaining necessary permissions from municipal authorities and GST authorities. However, they stated that the respondents are not interfering with the business and will follow the directions issued by the Court in the aforementioned writ petition, provided the petitioner complies with those directions and any deviations are observed.
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 WRIT PETITION No.15928 of2o26 Date: O6.O5.2O26 Between: Reflection Spa . . Petitioner And The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and others . . Respondents OR-DER This Writ Petition is filed seeking the following relief:- ". . . to lssue an appropiate ui| order or direction more preferablg one in the nature of Wit of Mandamus directing the oction of Respondents Police Officials and Olficers of SOT tn interfeing with lau-tful business of petitioner shops under the guise of lmpugned notif.cation 1[o. (Lando)/ M4/ 3140/ 20 10, dated 3O.O6.2010 passed by the 2nd respondent and forctng the petitioners to seanre similar orders from this Honourable Court as passed in W. P. No 16281 of 201O and batch though there is no uiolation committed by the petitioners in ntnning their SPA Wellness Centre as arbttrary itlegal and unconstitutional and uiolatiue of Articles la, 19(1)(9) of the Constitution of India and direct the respondents and their officers not to interkre in the day to day business of petitioner shops and granL.."
Heard Sri T.Raju, learned counsel appearing for the petitioner and Sri M.Srinivas, Iearned Assistant Government Pleader for Home appearing for the respondents and with their consent, this writ petition is being taken up for disposal at the admission stage.
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Leitrncd counsel appearing for the petitioner would submit thal the pctitioner is engaged in the business of proviclng solutio:-ts for all beauty and wellness needs such as saloon ancl spa. Thc petitioner is holding va id registration certificatcs [r.rr running his business in Hyclerabad and Ranga Re'dd1' Districts. lt is further submitted that the respondents visited thr-'SPA Ct:ntre and asked the petitioner whether he has an rrrclcr lionr this CourL to run the business zLs this Courr had decided similar issues in the order, dated 28 09 2027 in W.P.No.1(;281 o1 201O and baLch, r','herein this Court issued the lollowin g dircc tton s: - ''ln r reu ol tl.rc sulrmissions of learned counsel for l]oth sides' lhesc Writ I'etitiorts are disposed oI rn terms of or(ler dated 04.02.2021 rn I A.No.I of 2O2O in W.P.No.2'141a of '2O2O, l)erlnrltrnq the pctitioners to rlln the massagc centres, subJect to maintainiDg a r.cord i11 the register to be rnalntained b-t'lhe massage centres cotrtaining the dates oI visits of the cLlstonlcrs. lheir nirmes and veriliable addresses together \rith thr: phor]c nrtmbcrs, so as to enable the policc to contact them on thc asl)ect of lhc request to the o$ ner/ manager/ operator of the n'.assaqe ccntr.s to provicle for the heip from rhe opposlte sex. Frrrtlter', it sha1l be open to anv police officer not belo\'v the rar)k 0f a Suir Ilrspector of l)olice attached to anv police statio| to verift otlcr: ln a *hile such records maintained by lhe lassaqe centrt's and he shall also be at lrbcrt-r' to venf] as 1o \\hcther thc ptrrlicular customer has solicited any such spccial servi(e fronr the massage centre or not lt is also open to lhe pol:r'e to take appropriate actron depcnding rtpon the result o1 anr such rcrrfication and also considering the lact th.rt !\heti)er the cross massage scnice provided to the cllstorrers rs ir-r profcssional manner or not. po]ice are also 3 entitledtoinvestiSateintocrimes,ifany,reportedagainstthe petitioners Petitioners are also directed not to keep the main door of the premises ctosed' during the working hours tsubject 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 Miscellaneouspetitionspendinginallthewritpetitions'if any, 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 an order from this Court to continue the business ) Questioning the same' the present Writ petition is filed
Learned Assistant Government Pleader for Home has 2a.Og.2O2l in W P'No 5. In view of the 16281 of 2O1O and batch secure disposed of, issued bY directing this Court rn said submissrons' the Petitioner to the order this Writ Petition ts follow the directions dated 28'09'2021 in submitted that without obtaining any permission from the municipal authorities as well as GST as required under 1aw' 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 foilow the directions issued by this Court in the order' dated W.P.No.16281 of 2010 and batch However' this order does not 4 To, preclude the rcspondents to ensure that the petitioner is following the directions issucd by this Court in W.P.No.16287 of 2O10 and batch, and if any deviation is observed, the rt:spondcnts policc may take appropriate steps strictly in accordance rvith iaw, and if any complaint is made against the pr-'titioner, lhe petiLioner shall cooperate with the enquiry with the rcspondents police, Needless to mention, it is open to the pt-titioner to obtain permission from the authorities i.e., Municipal ar-rd GS'I'and to comply with the orcler passed by this Crrrrrt dated 28.O9.2021 in W.P.No.16281 of 2010 and batch. As a sequel. rhe miscellaneous petitions pending, if any, shall stand ckrsed. No costs. .P.PONNA KRISHNA ASSISTANT REGISTRAR //// N OFFICER 'l . The Principal Secretary, Home Department, T,S, Secretariat, Hyderabad, State of Telanga na -5 C00 04
The Commissiorer of Police, Cyberabad Commissionerate, Dia,.nond Hills, Lumbini Avenue. Gachibc,wli, Hyderabad, Telangana, 500032
The Assistant Commissroner of Polic3, ACP lViyapur Division, lViyapur Main Road, Vishveshvaraiah Col)ny', Tiwari Nagar, I\,4iyapur, near Bajaj Electronics - l\rladeenaguda, Hyderabad, Telangana 500049
The Station House Officer, Miyapur Police Station, Miyapur Main Road, Vishveshvaraiah Colony. Tiwari Nagar, Miyapur, near Bajaj Electronics - Madeenaguda, Hyderabad, Telangana 500049 5. one CC to SRt T RAJU, Advocate tOpUCl t lff"r:nbcP FoR Hor\4E, Hish court for the State of rerangana, at 7. Two CD Copies (Atong wit batch) EISR .-\ h the copy of order dated 2g.09.2021, in W.p.No. 16281 of 2O1O &
HIGH COURT DATED: 0610512026 ORDER WP.No.15928 of 2026 o 2 3 JlrN 21126 os 1 HE SI4; t !(J =tt ol' \\.r \\o,.\g i.\ *\/ l-f,.i,rnl., ,'r> 2 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @ \ ob\b\a,
THE HONOURABLE SRT JUSTICE K'LAIGHMAN WRIT PETITION Nos.1628L ao'd 16419 of 2OlO
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It is submitted by the learned co unsel for the petitioners in all lhe Writ Petitions ard leamed Government Pleader for Home that the entire batch of these Writ Petitions cart be disposed of in terms of interim order dated O4.O2.2O2I in I'A'No' 1 of 2O2O in W.P.No.2441O of 2O2O
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In vierr of the submissions of Learned counsel for both srdes, Lhese Writ Pe titions are disposed ol in'te'rms of order dated 04.02 2O2l tn IA No I ol 2O2O in W't'No'2441O of 2O2O, permitting the petitioners to run the massage centres, sublect to maintaining a record in the register to bc maintaincd b1' ttre massage centres containing the dates o1' visits ol the c:ustomers, their narnes and verifiable addresses together rvith the phone numbers' so as to enable the lroltce Io contact them on the aspecl of the rcquest to he or,r rLe r/ manager/ operator of the massage ccntres to lrovidc for the help from the trpposite sex' Fr-Lrrher, it shall be open to an,y police officer rrot belor'r' the ralk of :r Srrb lnspet:tor of Police atrached to any police station to verLl-v ont:e iu a rvhile such records nraintzuned by the mass:rge cenfres and he shall also be at liberty to vt:rify as to rvheLher the particular customer has solicited aly such sper:ia1 ser-r'ice from the massage centre or not' It is also open to the police to take appropriate action dependine u1;on thc rcsult of any such verification ald also cor:siderirtg the fact that whether the cross massage service providr:cl to tl)e customers is in professional manner or not.
3 I Police are also entitled to investigate into crimes, if any, reported against the petilioners. Petitioners are also 1t 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 immora.l activity is carried on under the guise of providing whole body massage. Miscellaleous petitions pending in all the Writ Petitions, if aly, shall stand closed. There shali be no order as to costs K. LAKSHMAN, J Date:28.O9.2021 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.