Relajate International Spa vs. The State Of Telangana
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The petitioner, Relajate International Spa, operating a wellness center, filed a writ petition challenging the interference of police officials in their lawful business. The petitioner contended that the police were acting under the guise of a notification dated 30.06.2010, issued by the Commissioner of Police, and were forcing them to obtain court orders similar to those granted in W.P. No. 16281 of 2010 and batch, despite no violations. The petitioner claimed to be running their SPA Wellness Centre legally and in compliance with existing court directions. The respondents, represented by the Assistant Government Pleader for Home, submitted that the petitioner was operating without necessary municipal and GST permissions. They stated that the police were not interfering but would adhere to the directions previously issued by the Court.
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. These directions include maintaining a record of customer visits with verifiable details, allowing police verification of these records, and ensuring that no immoral activity occurs under the guise of providing whole body massage. The Court clarified that this order does not preclude the respondents from ensuring the petitioner's compliance with the prior directions. If any deviation is observed, the police are permitted to take appropriate steps strictly in accordance with law. The Court also noted that it is open for the petitioner to obtain necessary permissions from the Municipal and GST authorities. The Court did not expressly leave any issue undecided, but the underlying issue of the validity of the impugned notification was implicitly set aside by focusing on compliance with existing court orders.
Key Issues
1. Whether the action of the respondent police officials in interfering with the lawful business of the petitioner's SPA Wellness Centre, under the guise of notification No. (L&O)/M4/3140/2010 dated 30.06.2010, is arbitrary, illegal, and unconstitutional, violating Articles 14 and 19(1)(g) of the Constitution of India? Petitioner's Arguments: The petitioner argued that their business is lawful and they are complying with all existing court directions. They contended that the police interference, based on an old notification, is unjustified and forces them to seek redundant court orders. They relied on the precedent set in W.P. No. 16281 of 2010 and batch, which permitted similar businesses subject to certain conditions. Respondents' Arguments: The respondents argued that the petitioner is operating without obtaining necessary permissions from municipal authorities and GST authorities as required by law. They stated that they would follow the directions issued by the Court in W.P. No. 16281 of 2010 and batch.
Sections Cited
Article 14, Article 19(1)(g)
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Cause title — parties, addresses and appearances
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT IIYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.14O36 of2026 Date:29.o4.2O26 Between: Relajate International Spa ..Petitioner And The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and others . . Respondents ORDER: This Writ Petition is hled seeking the following relief: ". . . lo issue an appropiate u.trit, order or direction more preferably one in the nature of Wit of Mandamus directing the oction of Respondents Police Officials and Officers of SOT tn interking with lau.tful business of petitioner shops under the Etise of impugned notification No. (L&O)/M4/3140/2O1O, dated. 30.06.2O10 passed bg the 2nd respondent and forcing the petitioners to secure similar orders from this Honourable Court as passed in W-P.No.16281 of 2010 and batch though tttere b no uiolation committed. bg the petitioners in running their SPA Wellness Centre as arbitrory illegal ond unconstitutionol and utolatiue of Articles M, 19(1)(9) of tle Constitution of India and direct the respondents and their offtcers not to interfere in tke dag to dag business of petitioner shops and grant--.'
Heard Sri T.Raju, learned counsel appearing for the petitioner and Sri M.Srinivas, learned Assistant Governrnenl Pleader for Home appearing for the respondents and with their consent, this writ petition is being taken up for disposal at the admission stage. \--\, -- i
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Learned 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 saloon and spa. The petitioner is holding valid registration certificales for running his business in Hyderabad and Ranga Reddy Districts. It is further submitted that the respondents visited the SPA Centre and asked the petitioner '''vhether he has an order from this Court to run the business as this Court had decided similar issues in the order, dated 28.O9.2021 irr W.P.No.1628 1 ot 2010 and batch, wherein this Court issued the following directions: - "ln vicw of the submisslons of lcarned counsel for both sides, these Wrrt Petitions are disposed of in terms of c rder dated O4.O2.2O21 in I.A.No.1 of 2O2O in W.P.No.2441O of 2O2O, permitting the petitioners tc run the massage centres, subject to maintaining a record in the register to be maintained by the massage centres containing the dates of vislts of the customers, their names and verifiable addresses together with the phone numbers, so as to enable the potice to contact them on the aspect of the request to the owner/ manager/ operator of the massage centres to provide for the help from tlle opposite sex. Further, it shall be open to any police ofhcer not below the rank of a Sub-Inspector 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 tiberty 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 dependinll upon the result o[ any such verifrcation and also considerir]g the fact that whether the cross massage service provided to the c stomers is r[ professional manner or not. Poli('e are also .-,.
-tEr H"!#EFF.!7 / 3 1 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 Su bject to these conditions, the petitioners may be permitted to carry on the business, duly taking a1l necessary and 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, 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 [aw, the petitioner is operating his business activities' Het further submitted that the respondents are not interfering with the business activities of the petitioner and the respondents wolrld follow the directions issued by this Court in the order, dated 28.09.2021 in W.P.No.16281 of 2O10 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 2O10 and batch. However, this order does not I /
4 preclude the respondents to ensure that thr: petitioner is following the directions issued by this Court in \['.P.No.16281 of 201O and batch, and if any deviation is observed, the respondents police may take appropriate stops strictly in accordance with law, and if any complaint is made against the petitioner, the petitioner shall cooperate with the 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 2a.O9.2021 in W.P.No.16281 of 20 l0 and batch. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No costs- //// . P.C. SULEKHA DEVI ASSISTANT REGISTRAR SECTION OFFICER I / To, o
The Principal Secretary Home Department, T.S. Secretariat, Hyderabad, The State of Telangana, TG-500004. 2. The Commissioner of Police, Cyberabad police Oommissionerate, Old mumbai Hwy, Telecom Nagar Extension, Gachibowli, Hyderabad, Telangana 500032. 3. The Assistant commissioner of porice, ACp Narsingi Division, Narsingi Village, Western Side, Hyderabad, Telangana S000g9. 4. The station House officer, Narsingi police station Manchirevula, Narsingi, Hyderabad, Telangana 500089
One CC to Sri T. Raju, Advocate tOpUCl
Two CCs to GP for Home, High Court for the State of Telangana, at Hyderabad [OUT]
Two CD Copies A copy of the order dated: 28.09.2021 in W.p. 16281 OF 2010 and batch J GJP (e
HIGH COURT DATED: 2910412026 ORDER \ WP.No.14036 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ., '' tiE : iAi ...: ()\' ' tj,,.' ,,.- ,:J ,) \\.:i'V* ..... 1 E l,l AY /[26 .i,., ^ i,li -r::,'i ^ lr .,.' \r ,'/ '.4,' i I o
TIIE TIOI{OURABLE Szu JUSTTCE K.T^AI(STIMAN WRIT PETTTI()It Nos- t628 I aad 164 t9 of 201 797 l23l 1876 aod 2272 of 20 L4 6 C()IqMON ORDER: Srncc ttrc issue rrrvolruecl in all thcse Wnt petrtioqs is ooe aJrd thc sarnc. ttrey are beiflg drsposed of by this corrrrrron oa(lc. 2 It rs submrtled by thc tearncd courrsel for thc petitioners in all tlrc Wnr pelitions a1ld learncd Govg5qm6nl pleader for Homc ttrat ttrc eature batch of these Writ petitio<rs can be disposr.rl of rn terrns ol rn(crim or der dated C'4.O2.2O2L io t A No t ot 2020 in w p.No 244LO ot 2C,2C.. 3- In trew o[ ttre submissions of tearned counsef lor Lroth sidcs, these Writ petitlons are disposed of in teqrrs of order dated O4_O2 mzl in I.A No_ I of 2O2O tn W.p-No-2441O ot 2020, pcrmittiog the pctitioQers to .urr the ma,ssage c€ntres, subject to marntaining a record ift the registe{ to be rnaintained by the rnassage ceotres containiog tfre dat€s of visits of the customers. their narnes and verifrable addcesses togcurcr {,sith the photte nurnbe(s. so as to enabrte the potice
G to contact therrt on the aspcct o[ the cequest to the otuncr/ managef/ operator of thc rnassagc ccnt.cs to provide for the help from the opposite scx. Further. rt shall be open to a-rly poticc ofarcc. not bctow thc rank o[ a Sub-lnspector o[ Policc altached to any polrcc statron to vinfy onc. ln a whrlc s .' . such cecords maintained by thc massage ccrrtres arrd tre shzrll also be at liberty to vecify as to whethe r Lhc particular custorrrer has solic.rtcd any suctr spccial ;erwicc from the massagc cent.e or not. [t is a.lso open to thc police to take approp.iate acLion dependiag u[)on rhc .esutt o[ any such verfication and also considcr ing Lhc facr that !(,llethe. the cross rnassage servicc proredcd to thc c.ustorners is rn pcolessional marrne. or not. po[cc arc , so cntit[ed to investigate into crimcs, it aIy, .eport€d against ttrc petitioners Pctitioners are also drrcctcd not to kcep tlic mairr door of the premiscs closed. du.rng dre wqrfuing 66qr5 Subject to these conditions, tJre pclitioners rLay be perrnitted to carr5, on the business, duty takrng aI[ neccs,sarJr and proper precaufions to ensuce that no incidcnt of rmmora-l actirity is cdrried on under ttre guisc of prowiding whotc body rnassagc- Misceuaneous petitions pe(tding in all the V/rit petitions. it any, strall-stand clo_sed. Ttrcrc shalt tre no ordr:r as to costs_ Date.. 28-O9-2O2L TJMR K. I.AKSHMAN, 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.