Mandara Wellness Studio vs. The State Of Telangana
Original PDF →Facts
The petitioner, Mandara Wellness Studio, operating a spa and wellness center, filed a writ petition challenging the interference of police officials in its lawful business. The police, acting under a notification dated 30.06.2010, allegedly insisted on the petitioner obtaining specific court orders to continue operations, similar to those granted in W.P. No. 16281 of 2010 and batch. The petitioner contended that it was running its business lawfully and adhering to all regulations, and that the police action was arbitrary and unconstitutional. The respondents, represented by the Assistant Government Pleader, submitted that the petitioner was operating without necessary municipal and GST permissions and stated that they would follow the directions issued by the Court in previous similar cases.
Held
The Court disposed of the writ petition by directing the petitioner to strictly follow the directions issued by this Court in W.P. No. 16281 of 2010 and batch. The Court clarified that this order did not preclude the respondents from ensuring the petitioner's compliance with those directions. If any deviation was observed, the police were permitted to take appropriate steps in accordance with the law. The Court also noted that if any complaint was made against the petitioner, the petitioner should cooperate with the police inquiry. The petitioner was also advised to obtain necessary permissions from the Municipal and GST authorities. The Court did not expressly leave any issue undecided, but the primary focus was on ensuring compliance with prior judicial pronouncements and statutory requirements.
Key Issues
1. Whether the action of the respondent police officials in interfering with the lawful business of the petitioner under the guise of a notification dated 30.06.2010 is arbitrary, illegal, and unconstitutional, violating Articles 14 and 19(1)(g) of the Constitution of India? - Petitioner's argument: The petitioner argued that its business was lawful and that the police interference, demanding specific court orders, was unwarranted and violated its fundamental rights. They contended that they were already complying with the directions issued by this Court in similar matters. - Revenue/State's argument: The respondents argued that the petitioner was operating without obtaining necessary permissions from municipal authorities and GST authorities. They stated that they were not interfering with the business but would adhere to the court's previous directions.
Sections Cited
Article 14, Article 19(1)(g)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
fhe 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.15922 of 2O26 , Date: O6.O5.2O26 Between: Mandara Wellness Studio ..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:- ". . .to issue an appropiate u-'rit, order or direction more preferablg one in the nature of Wit of Mandamus directing the action of Respondents Police Olficiats ond Officers of SOT in interfeing uith la uful business of petitioner shops under the guise of impugned notification I{o. (L&O)/ M4/ 3140/ 2010, dated 30.06.2O1O passed bg the 2nd respondent and forcing the petttioners to secare similar orders from this Honourable Court as passed in W. p. No 16281 of 2010 and batch though there is no uiolation committed bg the petitioners in running their SPA Wellness Centre as arbitrary illegal and unconstitutional and uiolatiue of Articles 1a, 19(1)(9) of the Constitution of Ind)a and direct the respondents and their olficers not to interfere in the dag to day business of petitioner shops ond grant...,,
Heard Sri T.Raju, 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 taken up for disposal at the admission stage.
2
Learned counsel aPPearing for submit that the petitioner is engaged providing solutions for al1 beauty and wellness needs such as saloon ancl spa. The petitioner is holding valid registration certificates for running his business in Hyderabad and Ranga Reddy Districts. It is further submitted that the respondents vrsitecl 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 O9 2021 in W.P.No.16281 of 201O and batch, wherein this Court issued the followrng directions: - "in vieu, ol the submissions of learned counsel for both sides, these Wrlt Petitions are clisposed of in terms of order dated O4.O2.2O)| in LA.No. l ol 2O2O in W.P No'2441O of 2020' permltting the petitioners to run the massage centres, subject to marntaining a record. in the register to be maintained by the massage centres containlng 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 ccntres to provide for the help from the opposite sex. Further, il shall be open to any police officer not belou the rank of a Sub-lnspector of Poltce attached to any police station to verifv once in a rvhile such records maintarned by the massage cenlres and he shall also be at liberty to verify as to \\'hether the partlcular customer has solicited any such special service from the massage centre or not. It is also open to the police lo take appropriate action depending upon the Iesulr of an\ such I erification and also considering the lact tl'rat $hether the cross massage service provided to the custor.ers is in professional manner or not. police are also the petitioner would in tkre business of 3 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 necessary and proper precautions to ensure that no incident of immoral activity is carried on under the guise of proyiding whole body massage. Miscellaneous petitions pending in all the Writ petitions, 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 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 hls 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 28.09.2O2I in W.P.No. 16281 of 2010 and batch.
In view of the said submissions, this Writ Petition is petitioner to follow the directions the order d,ated 28.09.2027 in disposed of, directing the this Court in issued bv W.P.No.16281 of 2O10 and batch. However, this order does not To, 4 preclude the respondents to ensure that the petitioner rs follow-ing the directions issued by this Court in WrP No 16281 of 2010 and batch, and if any deviation is observed' the respondents police may take appropriate steps strictly in accordancewithlaw,andifanycomplaintismadeagainstthe petitioner, the petitioner shall cooperate with the enquiry with the respondents police Needless to mention' it rs open to the petitioner to obtain permission from the authorities i e'' Municipal ancl GST and to comply with the order passed by this Court dated 28.Og.2021in W P No'16281 of 2010 and batch' As a sequel, the miscellaneous petitions pending' if any' shali stancl closcd. No costs P.PONNA KRISHNA ASS IST T REGISTRAR //// CTION OFFICER The Principat Secretary, Home Department, T S'Secretariat, Hyderabad' State of Tela nga na-500004. The commrssiorrer of Potice, cyberabad commissionerate, Dianrond Hills, Lumbini Avenue, Gachibowli, Hyderabad, Telangana, 500032 The Assistant commissioner of lDolicer, ACP tMiyapur Division, Miyapur lVlain Road, Vishveshvaraiah colony, Tiwari Nagar, l\4iyapur, near Bajaj Electronics - IVladeenaguda, Hyderabad, Telangana 500049 The Station House Officer, t\,4iyapur Police Station, I\/iyapur Main Road, Vishveshvaraiah colony. Tiwari Nagar, Miyapur, near Bajaj Electronics - lVladeenaguda Hyderabad, Telangana 500049 One CC to SRI T RAJU, Advocate IOPUC] Two CCs ro Gp FOR HOIVE, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies 1 2 3 4 o
Si"Ji *n, the copv of order dated 28.0s.2021, in w.p.No. 16281 ot 2010 & BSR
HIGH COURT DATED: 0610512026 ORDER WP.No.15927 ot 2026 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS tub s E tl 1 ?[26 t t(... q 7 l-o 5r h U J 3 J. * fr t,s ..., T o F'' '\rt \!'
THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION Nos.16281 and 1641 9 of 2O1O 797 723L 1876 an.d 2272 of2OIr4- 3O317 of2O15 15413 15435 29229 2923L 3084a 33L2L 38409 40734 40787 and.44939 of 2OL6 646 658 29s5 34()7 110s1 20o69 259()1 2A920 4LO12 4132A 41355 and 41422 oI2Ot7 34a2, L7249.26367 26422,3447a,35307. 3a6L7, 39397, 399L7 39937 44o44 440'67 45592 and 4565 8 of2O18 2627 4399 3891 4447 18861 19352 2()036 2L909 21924,21930. 22700, 23794,24674, 264LO, 29lOZ ard 29L2L of 2Ol9 3.47 7o8 18A7 1906 3589 472a 5378 20()89 20443 21297 2233A 22544 22629 24()ao 243s7 240a1 24085 24334 24410 24657 24659 24660 24662 and.246?3 of 2442,336L.447s 4444,6 2020:' s95,6614, 80so 13010, 11225 11350 r4s62 16431 20734 22751 2276r 2276a 224L5 23031 23361 and 23822 of202L COMMON ORDER: Since the issue involvecl 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 O4.O2.2O21 in I.A.No.l of 2O2O in W.P.No.2441O of 2O2O
In vierv of the submissions of learned counsel for both sides, these Writ Petirions are disposed of in"gerrns of order dated 04.02. 2021 in I A'No' I of 2O2O in W P No'2441O ol 2O2O, permilting 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 ol the customers, their names and verihabie addresses Logether r'vith the phone numbers' so as to enable the polLce to contact them on the aspect ol the request to ihe o$-ne t f roatager f operator of the massage Centresloprovideforthehelpfromtheoppositesex. F urther. it shall be open to any police ofhcer not belorv the rarrko[aSublnspectorofPoliceattachedtoarrypolice station to verifl' once rn a while such records maintarned by the massagc centres arld he shall also be at liberty to verifl' aston,hethertheparticularCustomerhassolicitedarLy such special ser-vice from the massage centre or nol lt is also open to the police to take appropriate action clepending upon the result of aly such verihcation arLd a-lso 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 t directed not to keep the main door o[ the p'remises 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. Mrscellaleous petitions pending in all the Writ petitions, if any, shall stand closed. There sha-Il be no order as to costs. Date:, 28.O9.2021 TJMR K. LAKSHMAN, J
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.