Edan Thai Spa vs. The State Of Telangana
Original PDF →Facts
The petitioner, Edan Thai Spa, through its proprietor Syed Athar UL Haq Arman, filed a writ petition challenging the action of the respondent police officials in interfering with its lawful business. The interference was allegedly under the guise of an impugned notification dated June 30, 2010, and by demanding that the petitioner secure similar court orders as previously granted in other writ petitions. The petitioner contended it was operating a lawful beauty and wellness business with valid registrations and was already adhering to the directions issued by the High Court in a previous batch of cases. The respondents, represented by the Assistant Government Pleader for Home, argued 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 in the 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 law. The Court also noted that if any complaint was made against the petitioner, the petitioner should cooperate with the police inquiry. Furthermore, the petitioner was advised that it was open to obtain necessary permissions from the Municipal and GST authorities and to comply with the previous court order. The Court did not expressly leave any issue undecided.
Key Issues
1. Whether the action of the respondent police officials in interfering with the petitioner's lawful business, purportedly under the guise of notification No.(L&Q/M4/3140/2010 dated 30.06.2010, 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 argued that its business is lawful and it possesses all necessary registrations. It contended that the police were interfering with its business by demanding court orders, despite the petitioner already complying with the directions issued by this Court in W.P.No.16281 of 2010 and batch. The petitioner 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 its business without obtaining necessary permissions from municipal authorities and GST authorities. They stated that they were not interfering with the business activities and would abide by the directions previously issued by the Court.
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 following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.14282 of 2o.26 Date:3O.O4.2O26 Between: Edan Thai Spa .. Petitioner And The State of Telangana, Rep. by its Principal Secretary, Home Department, T.S. Secretariat, Hyderabad, TG-500004 and three others . . Respondents ORDER: This Writ Petition is filed seeking the following relief:- "...pleo.sed to issue Wit, or Wits, Order or Orders more particularlg one in the noture of tuit of mandamus declaring the action of the Respondents Police Offtcials and Offrcas of SOT in interfering tuith lau-tful business of petitioner s|nps under the guise of impugned notification No.(L&Q/ Ma/ 3140/ 2010, doted 30.06.201O passed bg the 2"d respondent ond forcing the petitioners to secure similar orders from this Honourable Court os passed in W.P.No.16281 oj 2O10, W.P.No.797 of 2014 and batch though tlrcre is no uiolation committed bg the petitioners in ntnning their SPA Wellness Centre o.s arbitrary being illegal, arbitrary and uiolatiue of Article La, 19(1)(9) of the Con-stitution of India, contrary to the prouisions of the Hgderabad City Police Act,1348 Fasli and consequentlg set aside the sam,e again st the petitioner... "
Heard Sri Talari Raju, learned counsel appearing 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 fo{sRosal at thg admission stage.
2
Learned counsel appearing for the pelitioner would submit that the petitioner is engaged in tht: business of providing solutions for all beauty and we llness needs such as saloon and spa. The petitioner is holding a valid registration certificates for running business. It is further subrnitted that the respondents visited the SPA Centre and asked the petitioner whether he has an order from this Court to run the business as this Court had decided similar issues in the order, dated 2a.O9.2021 in W.P.No.16281 of 2010 and batch. wherein this Court issued the following direc[ions:- "[n view of the submissions of lcarned counsel for both sides. these Writ Petitions are disposed of in terms of order dated O4.O2.2O2\ in l.A.No.l of 2020 in W.P-No.24410 ot 2020, permitting the petitioners to run the massage centres, subject to maintaining a record in the register to be maintairred by the massage centres containing the dates of visitt of the customers, their names and verifiable addresses togother with the phone numbers, so as to enable the potice to contact thcm on the aspect of the request to the owner/ manager/ operator of the massage centres to provide lor the help from tht: opposite sex. Further, it shalt be open to any pohce officer tot belou, the rank of a Sub-Inspector of Police attached to eny police station to verify once in a while such records maintained by the massage centres and he shall also be at liberty t1r verify as to whether the particular customer has solicited ,rny such special service from the massage centre or not. lt is llso open to the police to take appropriate action depending upon the result of any such verialcation and also considerinf; the fact that whether the cross massage service providerl to the customersjs in professionat manner or not. polrce are also entitled ?6 investigate into crlmes, if anv, reported aEarnst the.
3 petitioners. Petrtioners 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 p6rmitted to carry on the business, duly taking atl necessary and proper precautions to ensure thal no incident of immoral activity is carried on under the guise of providing whole bgdy massage. Miscellaneous petitions pending in atl 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.
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 lurther 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 2O 1O and batch.
In view of the said submissions, this Writ Petition is disposed of, directing the petitioner to lollow 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 \ I I
4 following the directions issued of this Court in W.P.No.16281 of 201O and batch, and if any deviation is observed, the respondents police may take appropriate stetr)s strictly in accordance with law, and if any compiaint is made against the petitioner, the petitioner shall cooperate with- the enquiry with the respondenls 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 1>assed by this Court dated 28.O9.2021 in W.P.No. 16281 ol 20 10 and batch. As a sequei, the miscellaneous petitions perLding, if any, shall stand closed. No costs. . P.C. SULEKHA DEVI ASSISTANT REGISTRAR //// G To, SECTION OFFICER
The Principal Secretary Home Department, T.S.S€cretariat, Hyderabad, Telangana State.
The Commissioner of Police,, Hyderabad City, Hyderab;ad, Telangana State.
The Commissioner of Police,, Cyberabad Commiss,ionerate, Gachibowli, Hyderabad, Telangana State.
The Station House Officer,, Chandanagar Police Station, Chandanagar, Hyderabad, Telangana State.
One CC to SRI SANDEEP RANGU, Advocate. [OPUC]
Two CCs to GP FOR HOME, 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 WP No.16281 of 2010 and batch to this Order) t-ry
HIGH COURT DATED: 3010412026 TA EJ -'. (H C)Y\ ,,.c :(' .),l 1q ltAY2o26 Fz o€s Dn !,- .A t * ORDER WP.No.14282 ot 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( .al 'l/b tV 6 I
Tff E HOI{OURAALE SI.r JUSTICI, I{.T^{KSTII\{AI{ tIrRIT PETTT ION Nos - 1628 t end r 6419 ot 20lo 797 L23t 1a76 4od 22'12 ot 20L4 30317 of20 t 5 ls4 t3 f5435 29229 29231 30a48 33t2t 3 a409 40'r3a 4<)787 aod 44939 ot 20 L6 64{) 65A 2955 34$7 tlo5r 2006 ?sgo t 24920 4roI 2 4 t328 4I355 aad 4.1422 <t( 2OL7 3482 L7249 2636't 26a22 34478 3s307 3a6 l7 39397 39917 39937 44044 44o6.1 4559 and (5658 of20la o 42627 4399 389 t 4447 laa6l 19352 2 L909 2L924 2 L930 22700 23794 24674 264 LO 29 07 aad 29 lzl ot 2Ol9 8 t.887 19()6 3s89 47 5378 20089 20443 2L297 2233A 225A4 22629 24080 24oat 240as 24334 24357 244 LO 24657 24549 2+6@ 24662 aod. 24673 ot 2020 2442 3361 4473 44a8 6595 66 L4 80so t30IO I L225 I1350 L4562 t643 I 20734 2275 L 22761 22 22Ats 2303 r 23361 and. 23822 ot 2O2L e9!{!4o!! o8!g8i Srncc thc rssue invo{vecl in all ttrcsc Wnt petrtioas is o{rc and rh( sane. rlley arc berng dispose<l of by Lhis co(nmon o.dcr 2 lt rs submrtted by thc tearned courrsel for the pc&tiooe.s iq all tlrr-. Wri( petiLions and tearned Govern6ngql pleader tor f{omc that thc cat1ce tratch of ttrese Writ petitions c.en be <lisposcrl o[ rn tenns of intcrim order datcd c,4.O2.2O21 n I A No t crf 2O2O rn W. p.No.244 tO ot 2O2O. 3, In ,riew o[ ttre submissions of tearncd courlsel for bour sidcs, ttrese Writ petitioos are dispo of io tc.ms of order dated O4.O2.2O21 in I.A.No_ t ot 2O2O in W,p-No_244 tO oi 2O2O, pcrrnatting d.re p€titioners to ruri ttre massage centrcs, subjcct to rnaintaiaing a re.oord irr ttre register to be rnain(ained by thc massage ceotres .conr-ainio€ the dates oI visits of the custoeers, their names a-rtd vc.rfrab{e addrcsscs togethc. q.ith the phonc nu(rte.s, so as to enabte ttrc policc
'i C to contac( the(n oo the aspect of the r1]quest to the owne.,/ managcr/ope.ator of tlrc rnassaBc ccnLces to provide for the [rclp from thc opposite sex [.urther. t( shall be opcn ro any policc oflicer not bclow thc can[< of a SrrL]-[nspector o[ Policc aUached to ary poltce stattorr (o vcr y,)nce rn a whrlc e such records maintaincd by thc massage cenrres arrd hc shall also be at liberty to venfy as to wherher thc particutar customer has solicitcd any such spccial servicc from thc massage ccotrc or not [t is also open to thc police to take appropoate actlon dcl)cnding upon the r.esull of any suctr vcnfication and also <:onsiclcrrng Ltrc [ac( tlr]t whether the cross massage scrvrcc pror.rdcd to thc cu sLomers is in profcssional marlne. ()r n(x Poticc arc also entrtlcd to investigatc into c.imes, r[ arty. rcpo.t(:cl against thc petitioncrs Pctitioners are also dircctcd not rc keep tfie maio door of ttre premiscs clrrscd. clunng the ,.zorkrng hours. Subject to thesc conditions. r-lre pctitioners rn.ey bc pecmincd to carry on ttre business, duly takrng all neccs.;a5r and proper precautions to cnsu.e that no rncrdent of imrnoral activity is cirried on under the guisc of providing whote body firassagc- Miscellaneous pctitions pending in all the U/rrt pctitions, if any, shall-stand closed. Thcre shall bc no ocdr:r as to costs, K. T.AKSHMAN, J Date:28.O9-2O2L TJMR I I I I !
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.