Ions Health And Wellness vs. State Of Telangana
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The petitioner, Ions Health and Wellness, represented by its proprietor, sought a writ of mandamus from the Telangana High Court. The petitioner alleged that respondents No. 2 (Commissioner of Police, Cyberabad) and No. 3 (Station House Officer, Narsingi) were interfering with their business operations without due process. The petitioner claimed to be running a saloon and spa, possessing valid registration certificates. They contended that the police were demanding an order from the High Court to continue their business, despite the petitioner already complying with previous court directions. The respondents, represented by the Assistant Government Pleader, argued that the petitioner was operating without municipal and GST permissions and stated they would adhere to existing court directions.
Held
The High Court disposed of the Writ Petition by directing the petitioner to strictly adhere to the directions previously issued by the Court in its order dated 28.09.2021 in W.P.No.16281 of 2010 and batch. The Court clarified that if any deviation from these directions was observed, the respondents (police) were at liberty to take appropriate steps strictly in accordance with the law. The Court also noted that it was open for the petitioner to obtain necessary permissions from the municipal and GST authorities. The Court's decision was based on the submissions of both parties, acknowledging the prior order and the need for compliance. The ratio decidendi is that businesses operating under court supervision must continue to comply with the stipulated conditions, and authorities can take action if such compliance is not maintained. The Court did not expressly leave any issue undecided.
Key Issues
1. Whether the action of respondents No. 2 and 3 in interfering with the business activities of the petitioner, without following due process of law, is illegal, arbitrary, and discriminatory, violating Articles 14 and 19(1)(g) of the Constitution of India? Petitioner's arguments: The petitioner contended that the police were interfering with their legitimate business of providing health and wellness services. They asserted that they possessed valid registrations and were already complying with the directions issued by the High Court in a previous order dated 28.09.2021 in W.P.No.16281 of 2010 and batch. The petitioner argued that the police's insistence on a fresh court order to continue business was unwarranted and constituted harassment. Respondents' arguments: The respondents argued that the petitioner was operating their business without obtaining necessary permissions from municipal authorities and without GST registration. They stated that their actions were not interference but adherence to legal requirements. The respondents also affirmed their intention to follow the directions previously issued by the Court.
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. r5O77 of2026 Date: O5. o5.2026 Between: IONS HEALTH AND WELLNtrSS . Petitioner And State of Telangana, Represented by its Principal Secretary, Home Department, Telangana Secretariat, HYderabad, and two others Respondents ORDER This Writ Petition is hled seeking the following relieft- "...1o issue a tuit, order or direction more particalorlg one in the nature of utit of Mandamus to declare the action of the respondents No 2 and 3 tn interfeing into the business actiuities of the petitioner rtLtthout follotuing due process of laru as illegal arbitrory disciminatory uiolatiue of Articles 14 ond 19 (1) (g) of the Constitution of India ond consequently direct the respondents No.2 and 3 not to interfere tttth the business octiuities of the petitioner being run in the name and style of as IONS HEALTH AI'ID WELLNESS Represented by its Propietor O/o. Shop No'419 and 42O, 4th Floor, Kokapet One, in 5g.No.156, Narsingi Viltage, Gondipet Mandal, Ranga Reddy Distict, and olso not to hnrass the petttioner in ang manner..."
Heard Mr. Kongala Mohan Goud, 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.
2
Learned counse I for the petitioner woulcl submit that the pctitioner is cngaged in the business ol provitling solutions for all bcatrtrr and u,cllncss necds such as saloon and spa. The petitioner is Jrok ng a valid registration ccrtifi<:zrtes for running business. It rs further submitted that the respondents visited t l-rc SPA Ccntrt ancl asked the petitioner whcther he has an order from ltris Court to run the busincss as this Court had <ler--idecl sirnilar issues in the order, dated 28.09 2021 in W.P.No.16281 ol 201O and batch, u'herein Lhis Courl issued the lollou,ing di rer:tions: "ln vicrv of thc subrnissions of learned <:ounsel for both sides, thesc Writ l\:titions are disposed o[ in terms of order datt:d 04.O2.2021 in I.A.No.1 of 2O2O in W.P.No.24410 of 2O2O, permrltjng tho petitloners to run the massage cenlres, subject to oraintaining a record in the register to []e maintitined by the nlassage centrcs containing the dates of visits oI thc cr.lslorner-s, thelr names and veriltable a<ldresses together with the plrone ntrrnbers, so as to enablc thc police to contact thern on the aspect of rhe request to the o$'ner/ managerr operator of the rnassage (entrcs to provide for the help from tre opposite sex. [.-urlher, it sl.rall be open to any police officer not below ttre rank of rr Sttb-[nspector of Police attached to any police stalion to verify once in a while such records maintained bv the rn.rssage,:r-'r.rtres and he shall also be at lrberty to verifY as to \\'hctlrer tlre particular customer has solicited any such spe<:ial scn,rc,: frorn the massagc centre or not. [t is also open to the police to take appropriate action dependrng upon the result of any such verihcation and also considering the lact that uherher the cross massage service provided to the -:lstorners is rn profcssional manner or not. polict, are also errtitled to lnvcstigate into crimes, ifany, reported against the 3 petitioners. Petitioners are also directed not to keep the maln 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 providrng whole bodl' massage' Miscellaneous petitions pending in atl the Writ p€titions, if any, shatl 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'
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 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 28'09'2021 in W.P.No.16281 of 2010 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. 16281 of 2O1O and batch. However, this order does not preclude the respondents to ensure that the petitioner is \- 4 To, M lbllonrng tl.re directions issued of this Court in W.P.No.16281 of 2010 rLnd batctr, and if any deviation is observed, the rcspon<lents pc,licc may take appropriate steps slr-ictly in accordtrnce u,ith Ia\ ', and i[ any complaint is :rrade against the petitioner, tl're pctilioner shall cooperatc with the enquiry with thc rcspondents police. Needless to mention, it is open to the petitioner to obtain permission from the authorities i.e., Mr-rnrcipal and (iST ar-rd to comply with the orde r passed bv this Clotrrl datcd 28.O9.'2O21 ir-r W.P.No.16287 of 2010 and batch. As er sccl-rcl, the miscellaneous petiLions pending, if any, shall stand closccl. No costs. . P.C. SULEKHA DEVI ASSISTANT REG STRAR //// SECTION FFICER
The Principal St-'cretary, Home Department, Telangana Secretariat' Hyderabad
The Commissioner of Police, Cyberabad Commissionerate, Gachibowli, Ranga Reddy District.
The Station House Officer, Narsingi Police Station
One CC to SRI KONGALA MOHAN GOUD, Advocate [OPUC]
Two CCs to GP FOR HOME, High Court for the State of Telangana' at Hyderabad [OUTI
Two CD Copies (A copyof order datetl 28.O9.2O21 passed in W.P.No.1628i of 2010 & batch) PN,1K GJP
- \ - -': HIGH COURT DATED: 0510512026 ORDER WP.No.15077 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS -"::"'--:-';' ' .4{t*r 5rA?. ;r , 1'<\)- e,!.... '/( -' ( ;J3 21 l{AY 2[26 'i .a-. t*' r,rtj.. pl:,.: '. ., .... ^.- ...n f,.. - t-. r- i r) , -'a\ : r'.\'.....' ( q ,lA
THE HONOURABLE SRI JUSTICE K.TIIKSHMA.IT WRIT PETITION Nos.1628l and 16419 of2OlO
L231. 1876 and 2272 of2Ol4z 3O317 of2O15; 15413 15435 29229 29231 30848 33121 344o,9 4073A 40787 aod,44939 of2Ol5 646.65a.2955.3407. 11051. 20,0,69.25901. 24920.41OL2. 41324 41355 and41422of2017 3482 17249 263,67 26422 34478 35307 .38617 39397 39937. 440,44.440,67.45 592 and45658 of2018: 2627 4399 3891 4447 18851 L9352 20035 21909 2L924 21930 227o0 23794 24674 264LO 29107 and 29121 of2Ol9 347.7o.8, 1887. 1906.35a9.472A. 5378.20089. 20443. 21297 2233A 22sa4 22629 24o.ao 24o,a1 39917. 24oa5 2433,4 24357,24410.24657 ,24659,24660' 24662 and 24673 of 2O2Oi 2442.33 61. 4473.44aA. 6595. 6614. 8050. 13010. 1L225. 1135() t4562 16431 20734 2275L 22761 2276a 22AL5 23031 23361 and 23a22 of2O2L COMMOIV ORI)ER: Since the issue involved 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 04.O2.2021 in I.A.No.1 of 2O2O in W.P.No.2441O of 2O2O.
a 2 in view of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of order dated 04.02.2O21 in I.A.No.l of 2O2O in W.P.No.2441O of 2O2O, permitting the petitioners to run the massage centres, subject to maintaining a record in the register to be marntarned by the massage centres containing the dates of visits of the customers, their names and verifiable addresses together u,ith the phone numbers, so as to enable tl-re police to contact them on the aspect of the request to the or,'ner/ manager/ operator of the massage centres to provide for the help from the opposite sex. Further, it shall be open to any police officer not below the rank of a Sub-lnspector of Police attached to any police station to verifv once 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 sen'ice from the massege 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 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 car-ry on the business, duly taking all necessary and proper precautions to ensure that no incident of immoral activit5r is 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. K. LAI(SHMAN, 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.