Alpha International Spa vs. The State Of Telangana
Original PDF →Facts
The petitioner, Alpha International Spa, operating a beauty and wellness center, filed a writ petition seeking to prevent police officials from interfering with its lawful business. The interference was allegedly under the guise of Notification No. (L&O)/M4/3140/2010, dated 30/06/2010, and a demand to obtain similar court orders as in W.P. No. 16281 of 2010 and batch. The petitioner contended that it was not violating any laws and was already adhering to the directions issued by the High Court in a previous order dated 28.09.2021. The respondents, represented by the Assistant Government Pleader, argued that the petitioner was operating without necessary permissions from municipal authorities and GST, but stated they would follow the court's previous directions. The petition was taken up for disposal at the admission stage with the consent of both parties.
Held
The High Court disposed of the writ petition by directing the petitioner to strictly follow the directions issued in the order dated 28.09.2021 in W.P. No. 16281 of 2010 and batch. The Court clarified that this order does not prevent the respondents from ensuring the petitioner's compliance with those directions. If any deviation is observed, the police are permitted to take appropriate steps strictly in accordance with law. The Court also noted that if any complaint is made against the petitioner, the petitioner shall cooperate with the inquiry. It was further stated that it is open to the petitioner to obtain necessary permissions from the municipal and GST authorities and comply with the court's previous order. The ratio decidendi is that businesses operating under court orders must strictly adhere to the stipulated conditions, and authorities can take action if violations occur, while also emphasizing the need for proper statutory permissions. The Court did not expressly leave any issue undecided, but the underlying need for statutory compliance was highlighted.
Key Issues
1. Whether the police officials' actions in interfering with the petitioner's lawful business, under the guise of a notification and demanding similar court orders as previously granted, are arbitrary, illegal, and unconstitutional, violating Articles 14 and 19(1)(g) of the Constitution of India? 2. Whether the petitioner is entitled to a writ of Mandamus directing the respondents not to interfere in the day-to-day business of the petitioner's SPA Wellness Centre? Petitioner's Arguments: The petitioner argued that its business is lawful and it is already complying with the directions issued by this Court in W.P. No. 16281 of 2010 and batch. The respondents' insistence on securing similar orders, despite no violations, is arbitrary and unconstitutional. The petitioner relies on the previous High Court order which permitted similar businesses to operate subject to certain conditions. Respondents' Arguments: The respondents contended that the petitioner is operating without obtaining necessary permissions from municipal authorities and GST as required by law. However, they also stated that they are not interfering with the business activities and would adhere to the directions previously issued by this 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 COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.14189 of 2o26 Date:29.o,4.2o26 Between: Alpha International Spa Petitioner And The State of Telangana, reP. bY its PrincipaI Secretary, Home Department, Secretariat, Hyderabad and others Respondents ORDER This Writ Petition is f-rled seeking the following relief:- ". . . lo issue an appropiate uit, order or direction more preferably one in the nature of Writ of Mandamus directing the action of Respondents Police Officiats and OfJicers of SOT in interJeing luith lauful business of petitioner shops under the guise of impugned notificatton No- (L&O)/ M4/ 3140/ 2010, dated 3O/ O6/ 2010 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 2O1O and batch tlLough there is no uiolation committed bA the petitioners in ntnning their SPA Wellness Centre as arbitrory illegal ond unconstitutional and uiolatiue of Articles la, 19(1)(9) of the Constitution of India and direct the respondents and their ofrtcers not to interJere in the dag to day business of petitioner shops and grant such other necessary reltef or reliefs as this Honourable Couri may deem fit and proper in the circumstances of the case... "
Heard Sri T.Raju, learned counsel appearing for [he petitioner and Sri M. Srinivas, learned Assistant Government Pleader for Home appearing for the respondents and with their i i l
2 consent, this u,rit petition is being taken up for disposal at the admission stage 3. lrarned counsel appearing for thc petitioner would submit that the petitioner is engaged in the business of providing solutrons for all beauty and wellness needs such as saloon and spa. The petitioner is holding vaiid registration certificates for running his business in HyderaLad and Ranga Reddy. It is further submitted that the respondents visited the SPA Centrc and asked the petitioner whether he has an order from this Court to run the business as this Cou:t had decidcd similar issues in the order, datcd 28.O9.2021 in W.P.No. 16281 of 2O1O and batch, wherein this Court issued the following directions: "ln vie*, of the submrssions oI learned counsel for b,tth sides, these Writ Petitions are disposed o[ in terms of orrler dated O4.O2.2O21 in I.A.No. I of 2020 in W.P.No.2441O of 2O2O, permitting the petitioners to run the massage centres, subject to maintainrng a record in the register to be maintained by the massage centres contatning thc dates of visits of the customers, their names and verifiable addresses together with the phone numbers, so as to enable the police to contact them on the aspect of the request to the owner/ manager/ ogrerator of the massage centres to provide for the hetp from the opposite sex. Further, it shall be open to any police officer not below the rank of a Sub-[nspector of Police attached to any police station to verifv once in a wl.rile such records maintrrined by thc massagc centrcs and he shall also be at liberty to verify as to rl.hether the particular customer has solicited a.r1 such special sen,icc from the massage cclttre or not. It is a so open-
--- ']qkE;q7,// 3 I to the police to take appropriate action depending upon the result of any such verification and also consrdering the fact that whether the cross massage service provided 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 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 gurse of providing whole body massage. Mrscellaneous petitions pending in all the Writ petitions, if an1', 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 his 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 2O10 and batch. II
4 5. [n view oi the said submissions, rhis \ rit petition is disposed of, directing the petitioner to follow rhe directions issued by this Court in the order dated 2B.Og.2O2l in W.P.No.16287 of 201O and batch. However, this order does not preclude the respondents to ensure that thr: petitioner is following the directions issued of this Court in W.l,.No. 162gl of 201O and batch, and if any deviation is observed, the respondents police may take appropriate steps strictly in accordance with lau,, and if any complaint is made against the petitioner, the pctitioner shall cooperate with thr: enquiry with the respondents police. Needless to mention, it .s open to the petitioner to obtain permission lrom the authorities i.e., Municipal and GST and to comply rvith the order passed by this Court dated 2a.O9.2021 in W.p.No. l62gl of 20lO ernd batch. As a sequel, thc miscellaneous petitions pending, if any, shall stand closed. No cosrs A P.C. SULEKHA DEVI ASSISTANT REGISTRAR //II G To, SECTION OFF]CER
The Principal Secretarv Home^ Department, T.S. Secretilriat, Hyderabad, The State of Telangana, TG-SOO0O+.
The commissioner of . porice, cyberabad porice crmmissionerate, ord $ffi !;: Hwy, Tetecom Nrasar exteisi;r, 6r"nio"*ri, H ydera bad, Tetansana
The Assistant Commissioner of police, ACp Madhapur Madhapur police Station premises' Gachi-bowri no, uesiie-'Lr.ii5a, Junction, Gachibowri, Hyderabad, Telangana 500032
The Station House Officel . Raidurgam police Station Raidurgam police iSXi!;,Y'#BSi Hishwav' tr'taohura"r'tasa'-;;r";, R. i ili; i;J";r;;,
One CC to Sri T
Two CCs to G Hyderabad [OUT] Two CD CoPies Raju, Advocate [OPUC] P for Home, High Court for the-State of Telangana' at 7 oTt GJP A copy of the order dated: 28'09'2021 in W'P' 16281 OF 2010 and batch
t I HIGH COURT DATED: 2910412026 ORDER WP.No.14189 of 2026 tI ( il- 5 id 16 ..,k\, , ,;) ri :r rir -l 1 I t{ AY /02[ NO. \'4\* .\: ', rll ..1'r, ,\/ r'l;t /./ DISPOSING OF THE WRIT PETITION WITHOUT COSTS t 0{e i
c THE I{ONOURA-EILE Szu JUSTTCE K. T^{I(SHMAI{ qrR]IT PETtTtON Nos 1628 t arrd 16419 ot 20Lo 797 l23L LB76 ead 2272 ot 2QL4 3O3 17 of 2(} 15 9prr{qQN o_8pq& Srn(-(. (llc rssuc involvcd ul alI thcse Wnt petitions is one an(l rlt(: sirrrlc. tlrcy arc berng drsposcd of by ttLis coftrruon orclcr 2. [t rs srrt)rnrrtcd by the tearnecl counsel fo( the petitioners in all tlrc W( r( pctrtions and learQed Covcrnment pleader tor [{omc rlra( thc cnt.i.e batch of these Wrir petitions can be dtsfrosc(f u[ rn l(.rtns ol rnlcnm ordcr dated c.4.O2.2O21 n t-A.No. I ot 2O?O n W I, No.244te ot 2O2O. 3 In vrcw of (hc submissions of learncd courlsel tor both sidcs. thesc wrir petitions arc disposcd of in terms of order dated O4-O2 XZt in t.A.No. t of ZO2O tn W.p-No_2441O of 2020, pcrnlittrng thc F,€titrooers to .un the massage centres, subject to maintarning a record irr ttle register to be maintained by thc massage centres coataining the dates of r.isits of the custoftle.s. Ureir names artd vcnfrable add.esses togetfict wrtll ttre phonc ournbcrs, so as to cnat lc the potice
o to contact ttrc(o on thc aspect o[ tttc .equest to ttrc omer/ managcr/operator of thc rnassagc olntres to p.ovidc for the help from the oppositc scx. Frr(rlrcr. r: shall bc open ro ary poticc offtccr not bclow thc cank o[ ;r Sub-(nspector o[ Pohcc attachcd to ary potrcc starion to ven fiz oncc in a whrlc d such records maintaiaed by the massage centres a{d hc shall atso be at tiberty to venfy as to wllclhc. thc padicular custo(rer has soGcrted afly suctr spccial :.crvice from thc massage centrc or not_ [t is also op<:n to ltrc potrcc to takc appropriate action depending upon (hc rr:srrlt o[ arry suclr verification and also .o.r.id".,.,11 the lircr llrat r(,hettrer thc cross massage servrcc providcd t<> tltc c, rstomers is rrr professional mamner or not potlcc arc also e nt_rtlcd to investigate into c.imes, it aly. rl,port(\l agarnst th. pretitioners- Pctitioners are also clr.cc(c(l not l() kecp tlic nrarn door of tfie prerniscs closed. clur-rng rlrr. ,.vorkrng hours Subject to thcsc conditions. t]le grcutioncr s rrr;ry be perrnitte d to caqf. on the business. duty takrng all ncccs-.;ary and propcr precautioas to ensure tl at rro incident of tmororal activity rs cirried. oo under tJ. e guise of prot idrng whotc body ma-ssa{ic Miscellaneous petitions pendurg in all rhc W.it petitions, it any, strall-stand closed. There shalt be no orcle, as to costs. Datfj.28.O9.2OZ| TJMR K. I-AKSHMAN, J ;I L
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.