M/S.Swachh Beauty Parlour And Spa vs. The State Of Telangana
Original PDF →Facts
The petitioner, M/s. SWACHH BEAUTY PARLOUR & SPA, filed a writ petition challenging a notification issued by the Commissioner of Police, Cyberabad Police Commissionerate, dated June 30, 2010. The petitioner, operating a beauty parlour and spa, argued that the respondents were insisting on an order from the High Court to continue their business, despite the petitioner adhering to previous court directions. The respondents contended that the petitioner was operating without necessary permissions from municipal authorities and GST, but also stated they would follow existing court orders and not interfere with the petitioner's business if directions were followed. The petitioner claimed to be already implementing the directions issued in a previous batch of writ petitions.
Held
The High Court disposed of the writ petition by directing the petitioner to strictly follow the directions previously issued by the Court in W.P.No. 16281 of 2010 and batch, dated September 28, 2021. These directions permit massage centres to operate subject to maintaining customer records, allowing police verification of these records, and ensuring no immoral activities occur under the guise of massage services. The Court clarified that this order does not prevent the respondents from ensuring the petitioner's compliance with the prior directions and taking appropriate legal steps if any deviation is observed. The petitioner was also advised to obtain necessary permissions from municipal and GST authorities. The Court explicitly stated that it was open for the petitioner to obtain these permissions and comply with the prior order. The Court did not expressly leave any issue undecided, as the matter was disposed of based on existing precedents and submissions.
Key Issues
1. Whether the action of the 2nd respondent in issuing the impugned notification No.(L&O)/M4/3140/2010, dated 30-06-2010, is illegal, arbitrary, discriminatory, and in violation of Articles 14 and 19(1)(g) of the Constitution of India and the Hyderabad City Police Act, 1348 Fasli. Petitioner's Arguments: The petitioner argued that the impugned notification was illegal, arbitrary, discriminatory, and violated constitutional rights and the Hyderabad City Police Act. They contended that they were already complying with the directions issued by the High Court in a previous order dated September 28, 2021, in W.P.No. 16281 of 2010 and batch, which permitted massage centres to operate under specific conditions. The petitioner asserted that the respondents' insistence on a fresh court order to continue business was unjustified. Respondents' Arguments: The respondents submitted that the petitioner was operating without obtaining necessary permissions from municipal authorities and GST. However, they also stated that they would follow the directions issued by the High Court in the order dated September 28, 2021, in W.P.No. 16281 of 2010 and batch, and would not interfere with the petitioner's business activities if the petitioner complied with those directions.
Sections Cited
Article 14, Article 19(1)(g), Hyderabad City Police Act, 1348 Fasli
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
The Court made the follovring: ORDER 1
ry IN THE HIGH COURT FOR TI{E STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No. L493O of2O26 Date: 05.O5.2O26 Between: M/s. SWACHH BEAUTY PARLOUR & SPA And Petitioner The State of Telangana, Represented by its Principal Secretary, Home Department, T.S. Secretariat, Hyderabad, Telangana and two others .Respondents ORDER: This Writ Petition is hled seeking the following relief:- '...pleased to issue Wit, Order or direction more preferablg one in the nature oJ wit of mandamus dectaring the action of the 2 respondent in issuing impugned notification No.(L&Q/Ma/ 3140/2010, dated 3O.06'2O10 passed bg the 2"d respond.ent as illegal, arbitrary, diSciminatory' uiolotiue of Articles la, 19(1)(9) of the Constitution of India, contrary to the proubions of the Hgderabad Citg Police Act,1348 Fasli and con sequently set oside the same ag ainst the P etitio ne r... " Heard Mr. Mohd. Subhan Pasha, learned counsel 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. 3. f,earned counsel for the petitioner would submit that the petitioner is engaged in the business of providing solutions for all beauty and wellness needs such as saloon and spa' The c 5 I I
2 petitioner is hold ing a valid registration certificates for running business. It is further submitted that the respondents visited the SPA Ccntre and asked the petitioner whether he has an order from this ,lourt to run the business as this Court had decided similar issues in the order, dated 28.O9.2O21 in W.P.No. 16281 of 2010 and batch, wherein this Court issued the follou,ing directior-rs:- "[n vieu'oI the submissions of learned counsel for both sides, these Writ Petitions are disposed of rn terms of order dated O4.O2.2O21 in LA.No.l of 2O2O in W.P.No.2441O of 2020. permitturg the pelitioners to run the massage centres, subject to maintaining a record in the register to be maint€Lined by the massage certres containing the dates of visits of the customers, their names and veriFrable addresses together ll,ith the phone nurrbers, so as to enable the police to contact them on the aspect of the request to the owner/ manager,/ operator o[ the massage oentres to provide for the help from the opposite sex. Further, it shalt be open to any police ofhcer not belorv the rank of a Sub-lnspector of Police attached to any police station to verify once in a while such records maintained by the massage centres and he shall also be at liberty to verily 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 any such verification and also considering the fact that whether the cross massage service provicled to the customers is in professional manner or not. police are also entitled to inv:stigate into crimes, if any, reported against the petitioners. Petitioners are also directed not to keep the main door of the pre mises closed, during the working hours. Subject 1o these condiiions, the petitioners may be permitted to carrv on the business, duly tak. pa; precautions to ensure ,hu, r.,' g all necessary and pro ) incident of immoral activilj, rs I l
3 carried on under the guise of providing 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 business ac[ivities. 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 2O1O 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.O9 .2027 irr W.P.No.16281 of 201O and batch. However, this order does not preclude the respondents to ensure that the petitioner is following the directions issued of this Court in W.P.No.16281 of 20lO and batch, and if any deviation is observed, the respondents police may take appropriate steps strictly in I I 2 I
tt 4 accordance trilh law, and if any complaint is made against the pelitioner, the petitioner shall cooperate with the enquiry with the respondents police. Needless to mention, it is open to the pctitioner to obtain permission from the authorities i.e., Municipal and GST and to comply with the order passed by this Court dated 28.C'9.2021 in W.P.No.16281 of 201 0 and batch. As a sequerl, lhe miscellaneous petitions pending, if any, shall stand closed. No costs. .A. JAYASREE ASSISTANT REGISTRAR \ //// /^l> To, PMK LS \9K SECTION OFFICER
The Principal Secretary. Home Department, T.S. Secretariat, Hyderabad, Telangana State.
The Commrssion,:r of Police., Cyberabad Police Commissoinerate, Hyderabad, Telangana State
The Station House Officer, Gachibowli Police station. Hyderabad, Telangana State
One CC to SRI MOHD SUBHAN PASHA, Advocate [OPUCI
Two CCs to GP t:OR HOME, High Court for the State of Telangana, at Hyderabad [OUT]
Two CD Copies (Along with a copy of order dated 28.09.2021 Passed in W.P.No.16281 of 2010)
il G
1' ! HIGH COURT DATED: 0510512A26 ti t. 5TA 1 ft ot c 19 ilN zffi DfsPATC'd vi .L ORDER U WP.No.14930 of 2026 * DISPOSING OF THE WRIT PETITION WTHOUT COSTS * o.otd &^,
THE HONOUBABLE SRI JUSTICE K.LAI(SHMAN EIRIT PBTITION Nos.16281 and 16419 of2OlO 797 t23t 1876 and 2272 of 2Ol4 30317 of2O15 15413 r5435 29229 2923L 30848 33121 38409 4073a 4OZA7 and,44939 of 2OL6 646. 658. 2955.3407. 11051. 4132A 41355 and 41422 of2Ol7 3442. L7249. 26367. 26822. 3447A. 35307.38617. 39397. 39917. 39937. 44044. 440,67, 45592 and 45658 of 2O18; 2627 4399 3891 4447 18861 19352 20,036 2t909 2 L924. 2 L930. 2270,0. 23794, 2467 4, 26410' 29107 atd 29121 of2Ol9 347. 704. 1a87. 1906. 3589, 4728, 5378, 2(x)89. 20443, . 24041.24085. 24334. 24357. 244\0. 24657. 24659,24660, 24662 atd 24673 of 2O2Oz 2442 3351 4473 4488 6595 6614 805() 130ro Lt22S 1135() L4562 16431 20734 2275L 2276L 22764 224L5 COMMON ORDER: Since the issue involved in all these Writ Petitions is one ard the same, they are being disposed of by this common order.
It is submitted by ttre 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.O2.2021 in I.A.No. 1 of 2O2O in W.P.No.2441O of 2O2O. 23O3L. 2336L alod, 23822 of 2O2l
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In view of t-he submissions of learned counsel for both sides, these Wrii Petitions are disposed of in terms of order dated 04.02.2021,1 in I.A.No.1 of 2O2O in W.P.No.2441O of 2O2O, permittirrg 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 narnes ald verifiable addresses together with the phone numbers, so as to enable the poli<;e 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 any police offrcer not below the rank of a Sub-lnspector of Police attached to any police station to verify rtnce 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 any such verification and also considering the fact that whether the cross massrge seryice provided to the customers is in professional manner or not. '.-
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 carrJr on the business, duly taking all necessar5r ald 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, shal stand closed. There shali be no order as to costs. K, LI\KSHMAN, J Date:28.09.2021 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.