Relax And Go Health Spa vs. The State Of Telangana
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The petitioner, Relax and Go Health Spa, represented by its proprietor, sought a writ of mandamus from the Telangana High Court. The petitioner alleged that respondents 3 (Superintendent of Police, Nalgonda District) and 4 (Station House Officer, Miryalaguda Police Station) were interfering with its lawful business operations. This interference was purportedly under the guise of Notification No. (Land O)/M4/3140/2010 dated 30.06.2010. The petitioner claimed to possess valid registration certificates for its beauty and wellness business, including spa services, in Miryalaguda, Nalgonda District. The respondents allegedly questioned the petitioner's right to operate without a specific court order, referencing a previous judgment. The petitioner asserted compliance with existing court directions and sought to prevent further interference.
Held
The Court disposed of the Writ Petition by directing the petitioner to strictly adhere to the directions previously issued by this Court in its order dated 28.09.2021 in W.P.No. 16281 of 2010 and batch. The Court clarified that this order does not prevent the respondents from ensuring the petitioner's compliance with those directions. If any deviation from the court's earlier order is observed, the police are permitted to take appropriate steps strictly in accordance with the law. The petitioner was also directed to cooperate with any police inquiry if a complaint is made against it. The Court further advised the petitioner that it is open to obtain necessary permissions from the Municipal and GST authorities. The primary issue of the legality of the police's interference was implicitly addressed by framing the disposal around compliance with existing court orders and the petitioner's responsibility to obtain statutory permissions.
Key Issues
1. Whether the action of Respondents 3 and 4 in interfering with the Petitioner's lawful business at Miryalaguda under the guise of Notification No. (Land O)/M4/3140/2010 dated 30.06.2010 is illegal and unconstitutional? (Question of law) Petitioner's Contention: The petitioner argued that its business is lawful and it holds valid registration certificates. It contended that the police were interfering without proper cause, demanding a specific court order to continue operations, despite the petitioner adhering to previous court directions. The petitioner relied on the order dated 28.09.2021 in W.P.No. 16281 of 2010 and batch, which permitted massage centers to operate subject to certain conditions. Respondents' Contention: The learned Assistant Government Pleader for Home submitted that the petitioner was operating its business activities without obtaining necessary permissions from municipal authorities and GST authorities as required by law. However, the respondents stated they were not interfering with the business and would follow the directions issued by this Court in the aforementioned order dated 28.09.2021.
Sections Cited
Notification No. (Land O)/M4/3140/2010
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.15870 of 2o26 Date: 06-05-2026 Between: Relax and Go Health Spa Petitioner And The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and others .. Respondents ORDER: This Writ Petition is filed seeking the following relief:- pleo.sed lo issue a Wit of Mandamus To d.eclare the action of Respondents 3 and 4 in interfeing u.tith the Petitioners la uful bzsiness at Miryalaguda under the guise of Notification No. (Land O)/ M4/ 3140/ 2010 dated 30.06.20 10 as iLlegal and unconstitutional, 4 iil To direct the respond-ents and their offtccrs not to interkre in the d.ag-to4ag business of the Petitioners Spa so long os it i-s artduded laufully..."
Heard Sri Golem Sai Chaithanya, learned counsel appearing for the petitioner and Sri M.Srinivas, learned Assistant Government Pleader for Home appearing for the respondents and with their consent, this writ petition is being takcn up for disposal at the admission stage.
2 3. karned counsel appcaring for the petitioner would submit that the petitioner is engaged in thr: business of providing solutions for all beauty and wellness needs such as saloon and spa. The petitioner is holding val Ld registration certificates for running his business in Miryalagrrda, Nalgonda District. It is further submitted that the respondents visited the SPA Centre and asked the petitioner whether 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 2OlO and batch, wherein this Court issued the following directions:- "ln vrew of the subnrissions o[ learncd counscl for brth siclcs, thesc Writ Petltions are disposed o[ in terms of orler dated O4.O2.2O21 in I.A.No.1 of 2020 in W.P.No.2441Q ot 2O2O, pcrmitting the petitioners to run thc massagc centrc:;, subject to maintaining a record in the register to be marntainerl by the massage centres containing the dates of visits of the customers, their names and verifiable addresscs together with the phone numbers, so as to enable the police to conract them on the aspect of the request to the owner/ rnanager/ ol)erator of the massage centres to provide for the help from the opposite sex. Further, it shatl be open to any police ofhcer rrot below the rank of a Sub-[nspector of Police attached to any police station t9 verify once in a while such records maintar4qd by the massage centres and he shatl also be at liberty to verify as to whether the particular customer has solicited Eny such special service from the massage centre or not. It is zLlso opcn to the police to take appropriate action depending rrpon the result o[ any such verihcation and also considering the fact that whether the cross massage service proviclc( to tltc cystomers is in professional mann< ^- .-^r Policc are also 3 1 entitted to investigate into crimcs, 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 theibusiness, 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, i[ 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 secure an order from this Court to continue the business' Questioning the same, the present Writ petition is filed'
I-earned 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 2A.Og.2O2l in W.P.No. 16281 ot 2OlO 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 2a 'O9 '2021 in W.P.No.I6281 of 201O and batch. However, this order does not \ ) I \
4 preclude the respondents Lo ensure that th,: petitioner is following the directions issued by this Court in 'v\,.p-No. l62g l of 2OIO and batch, and if any deviation is observed, the respondents police may take appropriate st€ ps strictly in accordance with law, and if any complaint is mzrde against the petitioner, the petitioner shall cooperate with th3 enquiry with the respondents poiice. Needless to mention, it is open to the petitioner to obtain permission from the atrthorities i.e., Municipal and GST and to comply with the order passcd by this Court dated 28.09.2021 in W.p.No. 16281 of 20lO and batch. As a sequel, the miscellaneous petitions pcnding, if any, shal[ stand closed. No costs. . MOHD. ISMAIL OEPUTY REGISTRAR //// SECTION OFFICER
The Principal Secretary Home Department, T.S. Secret:rriat, Hyderabad, TG- 500004. The Commissioner of Police, Hyderabad City Police Commissionerate. Road No.12, Banjara Hills, Hyderabad, Telangana-50o034. The Superintendent of Police, Nalgonda District. The Station House Officer, Miryalaguda police Station. One CC to SRI GOLEM SAI CHATTHANYA, Advocate. IOPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies. BSK . \tr,-1 /F (Alonfwith a copy of the Order, dated 28-09-20 21 in Wp No..t 62gi of 201 0 to this Order) -/ 6 To, 2 J. 4. 5. b. 7
HIGH COURT DATED: 0610512026 ORDER WP.No.15870 of 2026 rtE S, i.) h' F 1 1 ilAi 1026 t; ;r,a.l cl1r-O P2o\ ).O "s-+ \i* ^ '.u t DISPOSING OF THE WRIT PETITION WITHOUT COSTS [i, l\ 'i
Tt{E HONOURAI]LE SRI JUSTTCE K,L.A]KSI{MAN WRIT PTiTTTTON Nos- 1628I a(td 16419 or 20 to 797 123 t L876 aod 22'f2 of 2O L4 3O317 of20ts (D cot(MoN C) RDER: Srncc thc rssuc inlolved in all ttrcsc Wnt petitioos is one and thc sarnc. they ar.c bciflg disposed of by this comttron Order.
Ir iS subrnrttcd by tlrc lcar-nccl counsel for thc pctrtioners ia a-tl tlrc Writ pctitioos arrd teafncd Gove.nmerrt pteader for Homc tltat thc crllicc barclr o[ ttrese Writ tttitions can be disposcct of in lc.rns o[ rntcrlrn ordcr dated O4.OZ.2O2L in l.n.No. t of 2O2O in W_p_No.244 t O ot 2O2O - ? ln view of the submissions of lcarned courrsel tor both sidcs. these Writ petitioos are disposed of in terms of order dated Oa.O2.2021 in t.A.No. I ot 2O2O in w.p.No-244tO of 2O20, pccmitting the petitioaers to rurr thc massage ceatres, - subject to maintaining a recocd in the rcgister to b€ ...ain."ined iry ttrc rnassage ce..tres co.taini..g ttrc datcs of vis'ts o( ttre cus(oraers, t^eir narncs a^d vcnfiabte add.esses togcttrcc qrith the ptronc numbecs, so as to caablc the potace t 2 3 L2t 3 40 7 aad 4 20 6 46 5a 295S 3407 I I ts4t3 3482 4 o 41328 41355 nd 4142 7249 263 26822 4478 t 2017 7 37 4<to44 9 62627 4 389 r 444 t8 92 and 20 6 2 22 23 24674 64LO OZ aod 2 24 4 I 708 ta87 t 35A9 4 s378 2t 22338. 22544.226X .240 24(B L 24@5 34. 24357. 244t .243 246s9 2 and 73 2442- 336I - 4473- 4488.6s95. 66t4 t30 to, lt It L4562 I 6213 t 20 22 22761 22 22815 t 23031 _ 2336 I and 2342_2<t ( 2021 3 7 a6
a to corltact ttrcm on the aspcc{ of the (cqucst to thc ou'nec/ manager/ operator of the massagc ccn t.cs to Orovide for the help from the opposite sex. Further. lt shall b€ open to any poticc ofGcec not bclow the cank of a S,-rb-tnspectoc o[ P.olicc attached to any potice statioR to veafy ,lrlce in a -whilc o such records maintaincd by the massagc centres afld he shall also be at tibcrty to veqfy as to whether the particular custorner has solic.itcd aJty such special sc --wioc [rom thc massage ccntrc or not. [t is also open to thc potice to take app.opciatc actioa depcndiog upoQ ttre rcsult of any such venftcation and also considcring the facr that (,hcrhcr thc cross rnassage servic.c pror.ided to thc cu:jLorners is ln pco[<:ssional rnanncr or not [,oticc arc al:,o cotrtlcd to invcstigaLc into crimcs. it arty, .eportcd agaj|rst thc petitioners. Pctitioncrs are a-[so dircctcd not to keep tlic main door of thc prcmiscs ctoscd. ducing dte wc.kinp lroucs Subject to these conditions. thc petitioners ma,u bc pemitted to carrJr on ttre business. duty taking aI[ neccss:rr)z and pcopcr prccautions to ensure that no incideat o[ im(rtoral activity is cdrric.d on undcr the guise of provid.iog whole t)ody rrrassage. Misccllaneous pctitions Srending in a{t the Wrtt pet.itions. if any, shall-stand closed. Ttrere shalt be no ordec as to costs, K. LAKST{MAN, J Datc: 28.O9.2O2L 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.