Star Wellness Spa And Family Saloon vs. The State Of Telangana
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The petitioner, Star Wellness Spa and Family Saloon, represented by its proprietrix, filed a writ petition challenging a notification issued by the Commissioner of Police, Hyderabad City, dated June 30, 2010. The petitioner argued that the police had visited their spa and questioned their operation, demanding an order from the High Court. The petitioner contended that they were already operating their business in compliance with the directions issued by this Court in a previous order dated September 28, 2021, in W.P. No. 16281 of 2010 and batch. The respondents, through the Assistant Government Pleader, submitted that the petitioner was operating without necessary permissions from municipal authorities and GST authorities. They also stated that the police were not interfering with the business activities and would adhere to the court's previous directions.
Held
The High Court disposed of the writ petition by directing the petitioner to strictly follow the directions issued by the Court in its order dated September 28, 2021, 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 empowered to take appropriate steps strictly in accordance with the law. The Court also directed the petitioner to cooperate with any inquiry by the respondents police if a complaint was made against them. Furthermore, the Court advised the petitioner that it was open for them to obtain necessary permissions from the Municipal and GST authorities and to comply with the earlier court order. The reasoning was based on the submissions of both parties, acknowledging the prior High Court order that set conditions for operating massage centers and the respondents' concern regarding compliance and necessary permissions. The ratio decidendi is that businesses operating under court supervision must adhere to the stipulated conditions, and authorities can take action for non-compliance while also advising the business to secure all statutory permissions.
Key Issues
1. Whether the action of the Commissioner of Police in issuing the impugned notification dated June 30, 2010, is illegal, arbitrary, discriminatory, and violative of Articles 14 and 19(1)(g) of the Constitution of India and contrary to the provisions of the Hyderabad City Police Act, 1348 Fasli? Petitioner's arguments: The petitioner contended that they were operating their spa business in compliance with the directions issued by the High Court in W.P. No. 16281 of 2010 and batch, dated September 28, 2021. They argued that despite adhering to these directions, the police were insisting on a specific court order to continue their business, which they considered arbitrary and illegal. They relied on the previous High Court order which permitted massage centers to operate subject to certain conditions. Respondents' arguments: The respondents argued that the petitioner was operating their business without obtaining necessary permissions from the municipal authorities and GST authorities as required by law. They stated that the police 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 COT'RT FOR THE STATE OF TELANGANA AT TTYDERABAI) THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No. 14489 of 20.26 Date: O1.O5.2O26 Betseen: Star Wellness Spa and Family Saloon ..Petitioner And The State of Telangana and others . Respondents ORDER This Writ Petition is filed seeking the following relief:- ". ..to declare tlrc action of the 2"a respond.ent in issuing the impugned notification No.(L&Q/ Ma/ 314O/ 201O dated. 30.06.2010 passed bA the 2nd respondent as illegol arbitrary discriminatory uiolatiue oJ Article la 19( 1 ) (g) of the Constitution oJ India contrary to the prouistons of the Hyderabad Citg Police Act 1348 Fasli and consequentlg set-aside the same against the petitioner in the interest of justice and grant such other necessary relief or reliek a-s this Honble Court maA deem fit and proper in the circumstances of the case-.."
Heard Sri Chokki Narender, learned counsel appearing for the petitioner and Sri M.Srinivas, leamed Assistant Government pleader for Home appearing for the respondents and with their consent, this writ petition is being taken up for disposal at tlte admission stage. 3. karned counsel appearing for the petitioner would submit that the petitioner is engaged in the business of providing solutions for all beauty and wellness needs such as 2 saloon and spa. The petitioner is holding a verlid registration certificates for running her business in Hyderabad and Ranga Reddy Districts. lt is further submitted that the respondents visited the SPA Centre and asked the petitioner u.hether she has an order from this Court to run the business as this Court had decided similar issues in the order, dated 2g.09. 2O2l in W.P.No. 16281 of 2010 and batch, wherein this C,rurt issued the following directions : - 'ln view of the submissions of learned counsel for l)otl sides, these Writ Petitions are disposed of in terms of o:der dated O4.O2.2O21 in LA.No. 1 ot 2O2O in W.p.No.2441O of 2O2O, permitting the petitioners to run the massage centros, subject to maintaining a record in the register to be maintai;1ed by the massage centres containing the dates of visils of the customers, their names and verifiable addresses together with the phone numbers, so as to enable the police to corrtact them on the aspect of the request to the owner/ manager/operator of the massage centres to provide for the help from th,: opposite sex. Further, it shall be open to any police officer not below the rank of a Sub-lnspector of police attached to imy police station to verify once in a while such records main tained by the massage centres and he shall also be at libert-v 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 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 the main door of the premises ctosed, during the working hours - Subject to these conditions, the petitioners may be permitted to carry
7 3 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 massate. 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 filed.
Lrarned 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 her 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.O9.2021 in W.P.No.16281 of 2Oi0 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 '2021 in W.P.No. 16281 of 20IO 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 ( ( t.: E5
4 2010 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 made against the petitioner, the petitioner shall cooperate with tL.e 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 28.09.2021 in W.p.No. 16281 of 20iO and batch. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No costs .. K. BHAVANI SWAMY ASSISTANT REGISTRAR //// SECTION OFFICER
The Principal Secretary Home Department T.S. Secretariat, Telangana State Hyderabad Telangana State-
The Commissioner of Police, Hyderabad City Hyderabad Telangana State.
The Commissioner of Police, Cyberabad Commissionerate Gachibowli Hyderabad Telangana State.
The Station House Officer, Raidurgam Police Station Raidurgam Hyderabad Telangana State.
One CC to SRI CHOKKI NARENDER, Advocate. [OPU3]
Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad [OUT]
Two CD Copies. (Along with a copy of the Order, dated 28-09-2021 in Wp No. 1 628l of 201 0 to this Order) 6 To, BSK Ar I il I l I i l I
I I i HIGH COURT DATED: 0110512026 o 7{.1 ..rj..,-\, ::r.a; ',.-.-':c1j v 1 5 ulv 2i2ii v-l : * ORDER WP.No.14489 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS : tt "o6ab to Y+-@
I a THE I(OC{OURAIILE SRI JUSTTCE K.(AI<SI{MAI{ II/RIT PETITTO N Nos- 162El a{ld t6419 ot 20lo
L23t L876 aad 22'/2 ot 20 t.+ 3O3 f7 of20t5 COI'{MON ORDER Srncc tllc rssue rnvoll/e.l tn all thcsc Wnt l)ctitions rs ()ae and th(j sarne. tltey are berng disposcd of by ttris @rrr.tlo.l orclcr 2. h rs submrlted by thc learned counsel fo. the peutioners irr all tlrc Wnt pctitions and learncd Government pleader tor Hornc tlrat thc c(rti.c batch of thesc Writ pctitions c,an be drsposc<l of in t,.rrns ol irrtcrim order datcd C.4.O2.2O21 qr t-A.No I ot 2020 rn W. p No 244 LO ot 2O2O - ? sidcs In view o[ tlrc submissions of teamed counse( for botfr thes€: Wnl Pctttioos are disposed of in tcrms of o.der datcd 04 -O2.X2 ( in I-n.No L of ZO2O in W.p.No_244 tO ot 2020, pcftnittrng the petrtioaers to mn thc massage ccntIes, subjcrt to maintainiag a record irr the register to be rtlaintahed by thc rnassagc cerrtres contaioing tfrc dates oI visits o( thc customcrs, Cheir narrrcs and vecifiablc add(csses togethcr u/ittr tllc plronc numbcrs, so aS to cnabte the po{rcc: "{
I I I I I i I i I I i I @ to corttacr (hem on rhc aspect of thc cequest to the owncr/ rnanagc./ opcra(or of thc massagr. c:ntres to provide for the lrelp from t-he opposite scx Fu.ttrer. rL shall bc opcn to afly policc olficcr .oor l)cl()w thc cank of a Sub-[nspector o[ Policc attachcd to a]ry ooltce starron to vfnl,7 oncc Ln a whrlc .o":r such records maintaincd [>y the massagc ccnt]-es and hc strall also be at tiberty to vcrify as to whcdrcr ttre particutar custorner has solicited any such special :;errrice from lhc massage ccntrc or no{. [t is:rlso open to tlrc policc to takc appropriatc actioa dcpcodrof u[)oe the .csult of any such verifrcation alld also consrclcftng Ure facr L rat q.hether thc cross rnassagc scrvro. Jrrorndcd to the cqstomeas is ln professional manrre( o. not l>oticc arc ;rlso eotjttred to investigate ioto crrrncs, it ;rny. .cpo.tcd agarnst the pctitiorre rs, Pctitioners arc also dir ccted not tc keep thc fnanrr door of the prerniscs closccl, rlrrcing the wocking ft6q65 Subject to thcsc conclrtro(rs- tlte pctrtioncrs rray be pecrnittcd to cafi}r on the busincss, duty takng aI[ neccssary aJtd pr<rper p.ecautions to ensurc that no incrdcnt o[ rmrnora[ actieity rs cdrried on undcr thc guisc of provrding whole body massagc Miscellaneous petitions pcnding in all thr $rrit petitions, it any, strall- stand clo-sed. 1'lrcrc shalt be no ordi)r as to costs. K. I.AKSHMAN, J Dale: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.