Sky Light Beauty And Spa vs. The State Of Telangana
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The petitioner, Sky Light Beauty and Spa, through its proprietor Nenavath Janakiram, filed a writ petition challenging the actions of police officials and officers of SOT. The petitioner operates a beauty and wellness center and possesses valid registration certificates. The respondents allegedly interfered with the petitioner's lawful business under the guise of an impugned notification dated June 30, 2010, issued by the second respondent (Commissioner of Police, Cyberabad). The petitioner contended that the respondents were forcing them to obtain similar court orders as previously granted in W.P. No. 16281 of 2010 and batch, despite no violations in running their SPA Wellness Centre. The petitioner argued that their actions were arbitrary, illegal, unconstitutional, and violated Articles 14 and 19(1)(g) of the Constitution of India. The respondents, represented by the Assistant Government Pleader, submitted that the petitioner was operating without municipal and GST permissions and stated they would follow the directions issued by the Court in a previous order.
Held
The 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. These directions permit the operation of massage centers subject to maintaining customer records, allowing police verification of these records, and ensuring professional service delivery without immoral activities. The Court clarified that the respondents are not precluded from ensuring the petitioner's compliance with these directions and can take appropriate legal steps if any deviation is observed. The petitioner was also advised to obtain necessary permissions from municipal and GST authorities. The Court did not explicitly address the validity of the impugned notification or the specific arguments regarding Articles 14 and 19(1)(g) beyond referencing the previous order's conditions. The Court noted that miscellaneous petitions, if any, stood closed.
Key Issues
1. Whether the action of the police and SOT officials in interfering with the petitioner's lawful business of running a SPA Wellness Centre, under the guise of an impugned notification, 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 possess all necessary registrations. They contended that the respondents' interference, demanding a court order to continue operations, is unjustified, especially since they are adhering to the conditions set by this Court in a previous order (W.P. No. 16281 of 2010 and batch). The petitioner asserted that their business is not in violation of any law and the respondents' actions are causing undue hardship and are violative of their fundamental rights to carry on business. Respondents' Arguments: The respondents argued that the petitioner is operating without obtaining necessary permissions from municipal authorities and GST authorities. They stated that they are not interfering with the business activities per se but would act in accordance with 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 COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.13438 ol 2026 Date:28.o,4.2o.26 Between: Sky Light Beauty and 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: '. . .to issue an appropiate wit, order or direction more preferably one in the nature of Wit of Mandamus directing the action of RespondenL< Police Officials and Officers of SOT tn interking with laruful business of petitioner shops under the guise of impugned noti,fication No.&eQ/ M4/ 3140/ 2010, dated. 3O.06.2O10 passed bg the 2nd respondent and forcing the petitioners to sea.tre similar ordets from this Honourable Court os passed in W.P.No.16281 of 2O1O and batch though there is no uiolation committed bg the petitioners in ntnning their SPA Wellness Centre as arbitrary illegal ond unconstitutionol and uiolatiue of Articles H, 19(1)(9) of the Constitution of India and direct the respondents and. their officers not to interkre in the dag to doy business of petitioner shops and grant... "
Heard Sri Revelli Ramanjaneyulu, 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 for disposal at the admission stage. \- ./ ,/ .. I
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Lcarned 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 :Lnd spa. The petitioner is holding valid registration ccrtificates for running his business in Hyderabad and Ranga Reddy. lt is furthcr submitted that the respondents visited the SPA Centre and asked the petitioner u,hether he has an order from this C()ur[ to run the business as this Court had decided sirnilar issut-s irr thc order. dated 28.O9.2O2 I in W.P.No.1628l oi 2Ol0 :rncl b:rtch, wherein this Court issued the following directions:- "ln \ rcw of the srrbmissions oI learned counsel for both sides. thcsc Wnt I'etLtions are r.lisposed o[ in terms of order dated 04.O'2.2O21 rn I A No. I of 2020 in W.P.No.2441O of 2020, perrnrtting the petitioners to run the massage cehtrcs, subject lo rnaintarlinB a record in the register to be nraintained by thc massage ccntres containing the dates oI visits of the customers, their namcs and verrfiable addresses together with the phone numbcrs, so as to enable the police to contact them on the asl)ect of the request to the owner/ manager/operator of the mass.rge ccntres to provide for the help from the opposite sex. I"urtlrel , it shall bc open to any police officer not below the rank of a Sub Inspector of Police attached to any police statron to vcrify once in a while such records maintained by the massage centres and he shall also be at liberty to verify as to whethcr the particular customer has solicited any such special sen'rce from the massage centre or not. It is also open lo the pohce to take appropriate action depending upon the result of irnr such verifrcation and also considering the fact that \\,I)ethcr thc cross massage servicc provided to the custonlers is in professional manner or not. police are also 3 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 alt necessary and proper precautions to ensure that no incident of immora-l 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 hled. 4 . Learned Assistant Government Pleader for Home has submitted that without obtaining any permission from the municipal authgrities as well as GST as required under [aw, 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 2a.O9.2021 in W.P.No.16281of 2O1O 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 28.09 .2021 in W.P.No.16281 of 2010 and batch. However, this order does not 4 LJ 'I To preclude the rcspondents to ensure that the petitioner is lollowing the directions issued of this Court in W.P.No. 1628I of 2010 and batch, and if any deviation is observed, the respondents police may take appropriate steps strictly in accordance with [aw, and if any complaint is made against the petitioner, thc petitioner shall cooperate with the enquiry with the respondents policc. Needless to mention, it is open to the petitioner to obtain permission from the authorities i.e., Munrcipal and GST and to comply with the order passed by this Court clated 28.O9.2021 in W.P.No. 16281 of 2O10 and batch. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No costs //// B. REKHA RANI ASSISTANT REGISTRAR SECTION OFFICER
The Principal Secretary Home Department, T.S. Secretariat, Hyderabad, State of Telangana, TG-500004
The Commissioner of police, Cyberabad police Commissionerate, Old mumbai ^ Hwy, -Telecom Nagar Extension, GactriOowf i, iyOeiabad, Telangana SOOO32. 3. The Assistanr Commissioner of potice, nce liarsingi Diri.;;;:ti;;ri;;i;ii"g", _ Western Side, Hyderabad, Tetangana 5O0Og9. 4 The Station House officer, Narsingi porice station Manchirevura, Narsingi, Hyderabad, Telangana 5O0089
One CC to SRt REVELLT RAMANJANEYULU, Advocate tOpUCl 6 Two CCs ro Gp FoR HoME, High court for the siat" or r"rrn!#", at Hyderabad. tourj
Two CD Copies (Aro-ng with a copy of the order dated 28.09.2021 passed in wp.No.16281 0f 2010 and batch) PSK q9r
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ji, f€ HIGH COURT DATED: 2810412026 ORDER WP.No.13438 ot 2026 (jt DISPOSING OF THE WRIT PETITION WITHOUT COSTS U e 6e.r-"t\ /() oz rnv zstt T (;) * e (., * ) \9 5\-/
THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION Nos.l62 81 and 16419 of2OlO 797 t23l 1876 and 2272 of 2OL4 3O317 of2O15 15413. 1s435. 29229, 2923L.30848. 33121. 38.+()9. 4{J738. 4OZa7 and44939 of2016 658 2955 3407 11051 20,069 25901 2a929 4tot2 646 41328 41355 ail14l422 of2OL7 34a2. L7249, 26367. 26A22. 3447a,35307,38617, 39397, 399t7 39937 44044 440,67 45592 and 45658 of 2018 2627. 4399. 3a9L. 447. r8A6t, 19352, 20,0,36. 21909. 2L924. 21930, 221OO, 237 94. 2467 4, 264LO, 29 lO7 anil 29L21 of 2Ol9t 347 7o4 LaaT 1906 3589 4728 5378 20()89 20443 2L297 22334, 22s44. 22629. 24oa0. 24IJAL; 24085,24334,24357, 244LO 24657 24659 24660 24662 anil24673 of 2O2O 248.2 3361 4473 4488 6595 66t4 8050 13010 LL225 1r350 14s62 16431 20734 227sL 2276L 22764 22aLS 23031 23361 and 23A22 of2O2l COMMON ORDER: Since the issue involved in all these Writ Petitions is one and the same, they are being disposed of by this common order.
It is submitted by the learned counsel for the petitioners in all the Writ Petitions and lea,rned Government Pleader for Home that the entire batch of these Writ Petitions can be disposed of in terms of interim order dated O4.O2.2O21 in I.A.No.l of 2O2O in W.P.No.244lO of 2O2O.
In view of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of order dated O4.02.2021 in I.A.No.1 of 2O2O in W.P.No.24410 of 2020, permitting the petitioners to run the massage centres, subject to maintaining a record in the register to be maintained by the massage centres containing the dates of to contact them on the aspect of the request to the owner/ manager/ operator of the massage centres to provide for the help from the opposite sex. Further, it shall be open to aly police officer 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 a-lso be at liberty to verily 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 verilication and also considering the lact 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 guise of providing whole body massage' Miscellaneous petitions pending in all the Writ Petitions, if any, shall stand ciosed. There shall be no order as to costs. K. LI\KSHMAN, J Date:28.O9.2021 T.]MR -r'a--1 .4 -F--_ s--:!r'€-:-- 1EhE,J- -.ffi
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.