The Mind Beauty And Spa vs. The State Of Telangana
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The petitioner, 'The Mind Beauty and Spa', filed a writ petition seeking a Mandamus to direct police officials and SOT officers to stop interfering with its lawful business. The interference was allegedly under the guise of an impugned notification dated 30.06.2010. The petitioner contended that its business was being disrupted despite no violations, and that police were forcing them to obtain similar court orders as granted in W.P. No. 16281 of 2010 and batch. The petitioner claimed to be implementing the directions from the aforementioned order, which permitted massage centers to operate subject to maintaining customer records and allowing police verification. The respondents, represented by the Assistant Government Pleader for Home, submitted that the petitioner was operating without necessary municipal and GST permissions and stated they would follow the court's previous order.
Held
The Court disposed of the Writ Petition by directing the petitioner to follow the directions previously 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 respondents were permitted to take appropriate steps strictly in accordance with law. The Court also stated that if any complaint was made against the petitioner, the petitioner should cooperate with the inquiry. It was further noted that it was open to the petitioner to obtain necessary permissions from the Municipal and GST authorities and to comply with the order passed in W.P. No. 16281 of 2010. The Court did not explicitly decide on the constitutionality of the impugned notification or the alleged violations, but rather directed adherence to the existing court order and compliance with statutory requirements.
Key Issues
1. Whether the action of the respondent police officials and SOT officers in interfering with the petitioner's lawful business is arbitrary, illegal, and unconstitutional, violating Articles 14 and 19(1)(g) of the Constitution of India? 2. Whether the petitioner is entitled to a Writ of Mandamus directing the respondents not to interfere in the day-to-day business of the petitioner's shops? Petitioner's Arguments: The petitioner argued that their business of providing beauty and wellness solutions, including salon and spa services, was lawful and they held valid registrations. They contended that despite adhering to the directions issued by this Court in W.P. No. 16281 of 2010 and batch, which allowed massage centers to operate under specific conditions, the police were still interfering and demanding similar court orders. The petitioner asserted that they were implementing the court's directions and there was no deviation, yet the respondents insisted on them securing a fresh order. Respondents' Arguments: The respondents argued that the petitioner was operating without obtaining necessary permissions from municipal authorities and GST authorities as required by law. They stated that they were not interfering with the business activities but would follow the directions previously issued by the 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 HYDERABAI) THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.l5872of 2o.26 Date: O6.O5.2O26 Betseen: The Mind Beauty and Spa . . Petitioner And The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and others Respondents ORDER: This Writ Petition is fi1ed seeking the following relief:- "...pleased ,o issue an appropiate urit, order or direction more preferably one in the nature of Writ of Mandamus directing the action of Respondents Police Olficials and OJficers of SOT tn interfeing uith lau-'ful business of petitioner shops under the guise of impugned notification No. (Land O)/M4/3140/2010, dated. 30.06.2010 passed bg the 2nd respondent and forcing the petittoners to secure similar orders from this Honourable Court as passed in W. P. No 16281 of 2O1O and batch though there is no uiolation committed bg the petitioners in running their SPA WelLness Centre as arbitrary illegal and- unconstitrttional and uiotatiue of Articles la, 19(1)(9) of the Constitution of India and direct the respondents and their officers not to interfere in the dog to dag business of petitioner shopsand grant such other necessary relief or reliefs as this Honble Court may deem ftt ond proper in the circumstances of the cose.... "
Heard Sri Revelli Ramanjaneyulu, learned counsel appearing for the petitioner and Sri M.Srinivas, Iearned Assistant Government Pleader for Home appearing for the \
2 respondents and with their consent, this writ petition is being taken up lor disposal at tire admission stage.
Le zrrncd counsel appearing for the .oetitioner would submit that thr: pctitioner is engaged in the business of pr-oviding solutions for all beauty and wellness needs such as saloon and spa. Thc petitioner is holding valid registration ccrtificatr:s lbr rtrnning his business in I-Iyderabad and Ranga Reddy Districts. It is further submitted that the respondents visited thc SPA Centre and askcd the petitioner whether he has an ordcr from this Court to run the business as this Court had decided similar issues in the order, dated 2g.09.2O21 in W.P.No. 1(r28 1 of 2O 1O and batch, wherein this rlourt issued the [ollowin g dirt:ctions: "lrr ,, icrr of thr: submissions o[ learned counsel for both sides, thesr: Writ Petitions are disposed of in tcrms of order dated O4.O'2.2O21 in I.A.No. I of 2O2O in W.p_No.2441 O of 2O2e, perrnittir.rg the pctitioners to run the massage cenlres, subject to rnainlaining a record in the register to be mainti ned by thc massage cenl.res containing the dates of visits o[ the custorilers, thcir names and verrfiabte addresses together with thc phonc nuntbcrs, so as to enable the potice to contact them on tlrc aspect ()[ the request to the owner/ manager,/operator of lhc nrassage ccnlr-es to provrde for the help from the opposite sex. I.'urrl.rer, it shall be opcn to any police officer not belou. lhc r;rnk of a Sulr Inspector of police attached to any police station to verify orrce in a $,hrle such records ma:ntained by thc tlassage cenl rcs and he shall also be at ltberty to verify as to \\,hcther thc I)articular customer has solicited any such sltecral sc rr,'icc frorn the massagc ccntre or not. It is also operr
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In view of the said submissions, this Writ petition is disposed of, directing the petitioner to follow the directions this Court in the order dated 28.O9 .2O2L in issued by W.P.No.16281 of 2010 and batch. However, this order does not preclude the respondents to ensure that the petitioner is following the directions issued by this Court in W.P.No.1628l of 20lO and batch, and if any deviation is observed, the respondents police may take appropriate steps strictly in accordance with law, and if any complaint is made against the petitioner, the petitioner shall cooperate with the enquiry with the respondents police. Needless to mention, it is open to the petitioner to obtain permission from the authorities i.e., Municipal and GST and to comply with the order passed by this Court dated 2a.O9.2021 in W.P.No.1628l of 2O10 and batch. As a sequel, the miscelianeous petitions pending, if any, shall stand closed. No costs. . MOHD. ISMAIL DEPUTY REGISTRAR //II SECTION OFFICER
The Principal Secretary Home Department, T.S. Secretariat, Hyderabad, TG- 500004. 2. The Commissioner of Police, Malkajgiri Commissionerate, Ramakrishnapuram Post, Shiva Nagar Colony, Vayupuri, Neredmet, Secunderabad, Telangana 500056
The Assistant Commissioner of Police, ACP L.B. Nagar Division, LB Nagar - Uppal Rd, Central Bank Colony, L. B. Nagar, Hyderabad, Telangana 50oo74 </ G To,
3 to the police to take appropriate action depending rrpon the result of any such verification and also considering the fact that whether the cross massage service provide(l to the customers is in professional manner or not. Police are also entitled to investigate into crimes, if any, reported against the petitioners. Petitioners are also directed not to keep lhe main door of the premises closed, during the rvorking hours. Subject to these conditions, the petitioners may be perrnitted to carry on the business, duly taking all necessary anrl proper precautions to ensure that no incident of immoral activity is carried on under the guise of providing whole body rrrassage. Miscellaneous petitions pending in all the Writ petitions, if anv, shall stand closed. There shall be no order as to costs" It is stated that the petitioner is already impl:menting the direclions of this Court and there is no deviation from the same in r.,r,hatsoever 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 f iled.
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 follorv the directions issued by this Court in the order, dated 28.09.2021 in W.P.No. 16281 of 2010 and batch. (
TheStationHouseOfficer,LBNagarPoliceStation'GalleriaMetroMall'LB Nagar - Uppal Rd, Crtr"otlp*i Coronv' f-' A' Nagai' Hyderabad' Telangan^ / 500074
One CC to SRI REVELLI RAMANJANEYULU' Advocate' [OPUC]
Two CCs to GP FOR HOME, High Court for the State of Telangana' at Hyderabad [OUTj
Two CD CoPies. (Along with a copy of the Order, dated 2B-O}-2O21 in WP No"t6281 of 2010 to this Order) BSK A i I I I I I I i l l I I I I
0{,r* HIGH COURT DATED: 0610512026 -z /'/ , 1 '''r ( /-'' .)' -) : )\( I r1r ! Ia 1 1 itAI lj ORDER WP.No.15872 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \-l * a'.' '.'.,. '', i.:.. ., .. , ":,
r-) TffE I{ONOOTRASLE SRI JUSTTCE K.t{I{Sirft![AI{ WRIT PETtTfON Nos - 16281 a,.rd f6419 of 20lo 797 f23 t 1876 aon 22a2 c,f 20L 3O317 of2O15 r54 t3 1543S 29229 2923 L 30448 3312{ s4409 40738 4{)787 a od 44939 ot 2Ot6: 646 6sa 2955 3407 rtost 20069 2590t 28920 4toL2 4t328 4135S aod 41422 of mL7 3482- 17249 26367 26A22 34478 3s307 346 r7 39397 399 L7 39937 44044 44o67 45592 and 45658 of2() 1a o 62627 4399 389 t 4447 laa6l 19352 36 21909 2L924 2 1930 22700 23794 24674 264 LO 29 XO7 aad. 29 LZl of 20L9 347 70a ta87 r906 3589 472A 537a 200a9 20443 2L297 2233A 225a4, 22629 24080.24o8L,24oa5, 24334,24357 244LO.2 4657. 24659.24660. 24662 and,24673 of 2442 336 r 4473 4488 6s95 66t 8()50 13()1() LL22S r r350 L4562 t6431 20734 2275L 2276L 2276A 2L5 2303 I 23361 arrd. 23822 of 2O21 colnMoqoRDe& Stncc ttrc,5511g in1,s{ysc[ in all Ltrcse Wnt petitions is oqc and rhc sarnc. ttrey are being dtsposed of by this comftron o rcler 2 It is subrnrttccl by thc tcarned counsel for the petitioners in all ltrc Wnr Pelitions and [carncd Government pleader for Homc that ttrc cnLire batch o[ thesc Writ petitions can trc disposcct of in re.rns ot inte.im order dated e4.O2.2O2 L in t.A.No t ot 2020 rn W P.No.244lO of 2O2O - 3, In view of the subrnissions of [earned courrse{ {or bottr sidcs, thesc w.it Petutioos are disposed of ao te.fns of order dared 04-02.202t in (.A.No. t ot 2O2O in w.p.No.244tO ot 2O2O, pcrrnitting tfte petitioncrs to rurl tfte rnassage centres, subject to maintaioing a record ilr thc regist€r Lo te rrtaintairred by the rnassage centres conr..ainiag ttre datcs of visits of [he custorrrers. theic narncs and venftabtc addresscs togethcr with the ptronc nurnbers. so as to enatrle the po[ice
to coatact therrt on the asPect of the request to the (s owner/' Granager/ o'perator of thc rnassagc cent.es to provide' for the tretp [.om the opposite sex. Further. ( shaL[ be oPea to any poticc officer not bctow thc rank o[ a Sub [nspector of PolLcc attachcd to afry potice statton to vcnly once rn a whitc 4 such records maintained by thc massage acrrtres aJrd hc shalt a.lso be at liberty to verify as to whethcr thc particular custorncr has solicited any such special service [rom the massage ccntrc or not. [t is also open to (hc poticc to take appropciaLe action dcpendiog u[)on thc {csutt o[ any such verilication and also considcring Lhc [acr rtrat whettrer the cross rnassagc servicc pr ovrdecl to tlrc customc[s is in prolcssional marlne. o. not {)olrcc arc also cnuttcd to investigate into crimes, it arly, .eporlcd against thc petitioners. PctitioRers are also di.cctcd not to kccp thc main door oe ttre premises closed. tltrrrng dre working [rours. SutljecL to these conditions. tl e [x]Litioncrs rnay be pernitted to carrfr on ttre bqsiness. duly takrrlg a1t nccessaqr and propcr precautions to eosure that no incldcrlt of irnmo.al activity is c.drried oa undcr lhe guise of providrng whole body massage. Miscellaneous pctitions peodrng in att the '"t/riC pctitions. if any, strall'stand closed. Ttrerc shalt bc no orcc. as to costs a Dalfj 28.O9-202L TJMR - T.AKSHMAI{, 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.