Remedy Beauty And Spa vs. The State Of Telangana
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The petitioner, Remedy Beauty and Spa, operating a wellness center, filed a writ petition challenging the interference of police officials in their lawful business. The police, acting under the guise of an impugned notification dated June 30, 2010, issued by the Commissioner of Police, allegedly demanded similar court orders as granted in W.P. No. 16281 of 2010 and its batch, despite the petitioner claiming no violation of law. The petitioner contended that their business was legal and that they were already adhering to the directions issued by the High Court in a previous batch of writ petitions concerning similar businesses. 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 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 permitted to take appropriate steps strictly in accordance with the law. The petitioner was also directed to cooperate with any inquiries if a complaint was made against them. Furthermore, the Court noted that it was open for the petitioner to obtain the necessary permissions from the Municipal and GST authorities. The Court did not expressly leave any issue undecided, but the core of the decision was to enforce existing judicial discipline and compliance with prior orders, while also reminding the petitioner of their statutory obligations.
Key Issues
1. Whether the action of the respondent police officials in interfering with the lawful business of the petitioner under the guise of an impugned notification dated June 30, 2010, is arbitrary, illegal, and violative of Articles 14 and 19(1)(g) of the Constitution of India? Petitioner's arguments: The petitioner argued that their spa and wellness business is lawful and they possess valid registration certificates. They contended that the police's demand for specific court orders, referencing a previous judgment (W.P. No. 16281 of 2010 and batch), was unjustified as they were already complying with the directions laid down in that order. They asserted that the interference was arbitrary and violated their fundamental right to carry on business. Revenue/State's 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 the police were not interfering with the business activities per se but would adhere to 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
rN rHE HrGH cot Rr 1?xl#1HffitE oF TELANGANA Ar THE HONOI'RABLE SRI JUSTICE E.V.VENUG'OPAL UIRIT PETITION No.14294 of 2026 Date:30.o,4.2o26 Between: Remedy BeauQr and Spa Petitioner And The State of Telangana, Rep. bY its Principal Secretary, Home Department, T.S. Secretariat, Hyderabad, TG-500OO4 and three others Respondents ORDER: This Writ Petition is filed seeking the following relief: ". . .pleased- ,o ,ssue Wit, or Wits, Order or Orders more particularlg one in the nature of tuit of mandamtts declaing tte action of tlrc Respondents Police Officials and Offtcers of SOT in interfeing tt-tith lawful business of petitioner shops under the guise of impugned notification No.(L&Q/ Ma/ 3140/ 201o, dated 3o'O6 2O1o possed bv the 2"d respondent and forcing the petitioner to secure sitnilar ord,ers from this Honourable Court as passed in W.P.No.16281 of 2O1O and batch thttugh tlere is no uiolation committed by the petitioner in ntnning their SPA Wellness Centre as arbitrary being illegal, arbitrary and uiolattue of Articte 1a, 1g(1)(g) of the Constitution of India' and direct the respondents and their officers not to interfere in the dag to day business of petitioner shops"'" Heard Sri Talari Raju, learned counsel appearing lor 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
2
Learned counsel appearing for the petitioner would submit that the petitioner is engaged in t-re business of providing solutions for ali beauty and wellness neecls such as saloon and spa. The petitioner is holding a vrrlid rcgistration certificates for running busincss. It is further subrnitLed that the respondents visited the SpA Centre and askecl the petitioner whether he has an order from this Court to run ,he business as this Court had decided similar issues in th,: order, dated 28.09.2021 in W.P.No. t628l ol 20lO and batch, wherein this CourL issued the follorving dircctions:_ "In vier.t, ol thc submissions of lcarned counsc,l [or x)th srdcs, thcse Writ Petitions are disposed o[ in tcrms of orcler (iirtcd O4.Q2.2O21 in I.A.No. I ot 2O2O in W.p.No 244tC of ,2O2O, permitting the pctitioners to run the massage ccntr,)s, sublect to lrlaintaining a rccord in the rcgrster to bc maintalil(td tr\, ttrc rnassage centres containing the datcs of visits of the customers, their names and verifiable addresses together_with the phone numbers, so as to enable the policc to corrtact them on the aspect of the request to the owner/ manager/()pera tor o[ the massage centres to provide for the hetp from th,: opposite sex. Further, it shau be oiren to any police orrcer not hlow the rank of a Sub-lnspector of police attached to :rny police station to verily once in a while such records main taincd by thc massage centrcs and hc shall also be at libertv t() vcfllv as to rrhether the particular customer has solicited erry sLrch sJxcial service [ront the massagc centrc or not. It is also open to the police to take appropriate action depcnding uoon the result of any such verrficatiorr and also considerin6: thc l;rct ttrat whether thc cross massagc servlcc provide(1 to the cuslr)mcrs is irr lrrofessional rnanner or not- poLce rrrc also erlu t't6d to investig:ttc into crirncs, if an5,, rcportcd agarnsl Lhe
3 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 o[ immoral activity 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" 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 respondcnts are insisting to secure an order from this Court to continue the business. Questioning the same, the present Writ petition is filed. I 4 . lrarned Assistant Government Plcader 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.1628l of 2O1O and batch.
In view of the said submissions, this Writ Petition is disposed of issued by directing the petitioner to lollow the directions th is Court in the order dated 28.09 .2021 in W.P.No. 16281 of 20 1O and batch. Howevcr, this order does not prcclude the respondents to ensure that the petitioner is ") .1
4 following the directions issued of this Court in V/.p.No. L6281 of 2010 and batch, and if any deviation is observed, the respondents police may take appropriate st()ps strictly in accordance with [aw, and i[ any complaint is m;rcle against the peti[ioner, the petitioner shall cooperate with the enquiry with thc rcspondents 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.O9.2021 in W.p.No. t6281 of 2OlO and batch. As a sequel, the miscellaneous petitions pending, if an1,, shall stand closcd. Nc costs. . MOHD. ISMAIL DEPUTY REGISTRAR //II SECTION OFFICER '1 . The Principal Secretary Home Department, T.S. Secretariat, Hyderabad, TG- 500004. 2. The Commissioner of Police,, Hyderabad City Police C,lmmissionerate. Road No.'12, Banjara Hitls, HyderabaC, Telangana-500034. 3. The Assistant Commissioner of Police,, ACP jubilee Hills Division, Road No 36, Beside Peddamma Temple Metro Station. Jubilee Hills, Hyderabad 500033. 4. The Station House Officer,, Film Nagar Police Station, Road No 10 and 1 I, Filmnagar, Hyderabad,Telangana 500096. 5. One CC to SRi REVELL| RAivIANJANEYULU, Advccatr.. [OPUC]
Two CCs to GP FOR HOI\IE, High Court for the State of Telangana, at Hyderabad [OUT]
Two CD Copies. BSK (Along with a copy of the Order, dated 28-09-2021 in Wlr No.16281 of 2010 to this Order) 6 To, V /' \
HIGH COURT DATED: 3010412026 ORDER WP.No.I4294 of 2026 w, \1.\. DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0 -(J'..V \\\_ ',(f *
THE I{ONOUR.ABLE SRI JUSTTC:E K.{.AI(SEIMA,III [I/RTT PETfT{ON l{os- 623L a.ad. L64I9 ot 2OIO 797, L23t. LB76 aod 22'12 of 20 tzf: 3O3 17 of 2() I5 154t3 15435 29229 2923L 3084a 33 121 34409 40738 40787 aad .14939 oF 20L6 646 65a 3407 ttosI 2(]o69 2590L 28920 4toL2 41328 41355 aod 41422 of 2017 348 2 L7249 26367 26A22 3447A 35307 346 L7 3939'r 399 L7 39937 44044 44o67 45592 and 45658 ot2O ta & .r2627 4 399 389 L 4447 laa6 t r.9352 2@36 2 L909 2L924 2L930 22700 23794 24674 2641O 29 IO7 aod. 29121 of 2o19 347 70a I487 r906 3589 472A 537a 2@A9 20443 2L297 22338 225 2268 240ao 24oEL 24oA5 24334 24357 244tO 2465'r 246s9 24660 24662 a.Ld.24673 of 20 2482 336 r 4473 44a8 6595 66L4 8050 130 to I L22S I r3SO L4562 r6431 20734 2275L 22761 2276a 22A tS 2303 t 2336L and 23a22 of 2O2t COMI\{ON ORDER Sracc ttrc rssue involvcd ifl all ttrcse lvnt petiLioos is onc and tllc sarne. they arc being drsposed of by this @rnrrron o rarc. 2 [r rs submrrtcd by ttrc tcarned counsel for the pctitiooe.s in all tlrc WIr( t elitio(rs artd [earncd GovcrnmenL plcadec tor [{o{nc rlrat rhc crrticc batch o[ tllesc Writ pctitions can bc disposcrl o[ in recrns of intcrim ordcc dared O4.O2.2O2L ta t-A No. t of 2O20 in W.p.No.244LO of 2O2O - 3 [n urew o[ the submissioas of teamed counsel for both sidcs, thcse wrir pe ti(roos a-re disposcd ot in tcrms of order daLcd O4.O2.N2| in t.A.No.t ot 2OZO in W.p.No.244tO ot 2020, pcrrnittrng the pctitiooers to run thc massagc ccntre s, subject to marntaining a record in ttre registcr to be rnaintaincd by thc (Rassage ccntres corltaioi(tg ttrc dates ot visits of (Ir.c custornccs, their narncs and vcrifraL:tc addresscs to€,sthcr lsittr the pttooc numbers, so as to e.tablc ttre policc i.)
L @ to corltact them on the aspcct of ttre request to the ownec/ rnanagec/operator o[ thc massagc cr]Rtres to provide for the trclp l.om the opposite scx fjurther. ir shall be open ro any poticc officcr not bclow the cank o[ a Sub_lnspcctor o[ Policc attachcd to a{Iy polrcc staLion to vertf' oncc in a whilc -4 such records maintained by the massage ie4 res arrd he shall also be at ti berty ro veciry as to wherher thc particular customer has solicitcd arry such special serwicc [rom the massagc ccnt.c o. not. It is also opcn to thc polrce to take appropriatc acLiocr depcndrog upon thc restrtt o[ any such ve.fication and also corrsrclcrrnJ, tltc fac{ that (vlrcther thc cross rnassage scrvict: J>r'or.,rclcd to tllc crrstomcas is rn prolcssional rnanne. ()( oot pottcc arc iL So entitled to investigatc rnto crurcs. r[ aly, r(,po.tcc agarnst tlrc petitioncrs [)t:titioners ar r. --rlso (li.cctcd not to keep tlic marn door of Lltc 1>terniscs cl()scd. du.r.rg dre rrorfuilg 116q.5 Subiect to ttrcsc conditiorrs. thc p(]trtionc.s (rrz y be permitted to car-.Ja on ttrc lrusincss. duty taking al[ ncccssary and pcoper Precautions (o c.tsure that no iacldent of inrmoral actisity is carri-^d on under .Jre gursc of providiog whoic Jody massagc_ Misccllamcous pctitioos pcorfung in aII r]le Wr it pe(itions, it any, shall-stand closcd-- 1'hcrc shalt bc rro order as to costs, Datc:. 28 -O9 ,20.21 TJMR K. T.IT KSI{MAN, 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.