Ocean Waves Beauty Spa vs. The State Of Telangana
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The petitioner, Ocean Waves Beauty Spa, engaged in the business of providing beauty and wellness services including saloon and spa, filed a writ petition challenging a notification issued by the Commissioner of Police, Hyderabad City, dated June 30, 2010. The petitioner contended that they were operating their business with valid registrations and were already adhering to the directions issued by the High Court in a previous order dated September 28, 2021, in W.P. No. 16287 of 2010 and batch. Despite compliance, the respondents were insisting on a specific court order to continue business. The respondents, represented by the Assistant Government Pleader for Home, submitted that the petitioner was operating without necessary permissions from municipal authorities and GST, but stated they would follow the court's previous directions and not interfere with the business unless deviations were observed.
Held
The High Court disposed of the writ petition by directing the petitioner to strictly follow the directions previously issued by the Court in its order dated September 28, 2021, in W.P. No. 16281 of 2010 and batch. The Court clarified that it was open to the respondents (police) to ensure the petitioner's compliance with these directions and to take appropriate steps in accordance with the law if any deviation was observed. The Court also noted that it was open for the petitioner to obtain necessary permissions from the Municipal and GST authorities. The Court did not specifically set aside the impugned notification but effectively guided the parties to adhere to the existing judicial pronouncements and statutory requirements. The reasoning was based on the submissions of both parties and the prior order of the Court, aiming to balance the petitioner's right to conduct business with the need for regulatory compliance and prevention of illegal activities.
Key Issues
1. Whether the action of the Commissioner of Police in issuing the notification dated June 30, 2010, is illegal, arbitrary, discriminatory, and violative of Articles 14 and 19(1)(g) of the Constitution of India and contrary to the Hyderabad City Police Act, 1348 Fasli? Petitioner's arguments: The petitioner argued that they are conducting a legitimate business with valid registrations and are already complying with the High Court's previous directions regarding the operation of massage centers. They contended that the impugned notification was causing undue harassment and demanding an unnecessary court order to continue their lawful business. They relied on the High Court's order dated September 28, 2021, which permitted massage centers to operate subject to certain conditions. Revenue's arguments: The revenue contended that the petitioner was operating without obtaining necessary permissions from municipal authorities and GST authorities as required by law. However, they also stated that the respondents were not interfering with the petitioner's business activities and would adhere to the directions previously issued by the High Court in W.P. No. 16281 of 2010 and batch.
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 I{TDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.l 28aS of2026 Date:23.()4 .2026 Between: Ocean Waves BeautY 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:- "-..pleased to issue an oppropiate uti| order or direction more preferabLg one in the nahlre of Wit of Mandamus, declaring the action of tlae 2"d respondent ln i.ssuing th-e impugned- notification No.(L&Q/Ma/ 3140/2O1O, doted' 30.06.2010 passed bg the 2"d respondent a-s illegal, arbitrary, disciminatory, uiolatiue of Articte 1a' 19(1) (g) of the Coratitution of India, contrary to the proui-sions of the Hgderabad Citg Police Ac| 1348 Fasli and con sequentlg set-oside tle some against the petitioner, in the interest of justice...." Heard Sri Sandeep Rangu, 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. 3. [,earned counsel aPPearing for the petitioner would in the business of submit that the petitioner is engaged 2
2 providing solutions for all beauty and wellness needs such as saloon and spa. The petitioner is holding valid registration certificates for running his business in Hyderabad and Ranga Reddy. It is further submitted 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 28.O9.2021 in W.P.No.16287 of 20 10 and batch, wherein this Court issued the following directions:- "In view of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of orrler dated O4.O2.2O21 in I.A.No.1 of 2O2O in W.P.No.2441O ot 2O2O, 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 visits of the customers, their names and verihable addresses together with the phone nurnbers, so as to enable the police 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 any police oflicer nor 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 liberty to verily as to whether the particular customer has soticited any such special service from tJre massage centre or not. It is also open to the police to take appropriate action depending upon the result of any such verification and also considering the fact that whether the cross massage sewice 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 ofthe premises closed, during the working hours Subject
3 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, shalt 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. l,eamed 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 operaling 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 28.09.2C21 in W.P.No. 16281 of 2010 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 28.09.2O2L in W.P.No. 16281 of 2010 and batch. However, this order does not preclude the respondents to ensure that the petitioner is following the directions issued of this Court in W'P.No.16281 of I I
4 To, 201O and batch, and if any deviation is observed, the respondents police may take appropriate steps 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 1s 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.O9.2O2I in W.p.No. i6281 of 201O and batch. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No costs . MOHD. ISMAIL DEPUW REGISTRAR //// SECTION OFFICER
The Principal Secretary Home Department, T.S. Secretariat, Telangana State, Hyderabad, Telangana State.
The Commissioner of Police, Hyderabad City, Hyderabad, Telangana State.
The Commissioner of Police, Hyderabad City, Hyderabad, Telangana State.
The Station House Officer, KPHB Police Station, KPHB, 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. (Along with a copy of the Order, dated 28.09.2021 in WP No.'l6281 of 2010 and batch) BSK Vt-- \ 6
HIGH COURT DATED: 2310412026 ,. .iii''il,, 514;i: $ 'r! 3 [ \PR 202[ J> * :1i'.: i'r ORDER WP.No.12885 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ^("L ,o (oY ' k"\'6 --r1' I
THE HONOURABLE SRI JUSTICE K.LAKSHMAfi WRIT PETITION Nos.16281 and L64L9 of2OlO: 797, L23t, 1876 and 2272 of2Ol4 3O317 of 2015: 15413 15435 29229 2923t 3()848 33121 384()9 40738 40787 and,44939of2016 646 654 2955 3407 110s1 2o,o69 25901 24920 4lot2 4L32A 41355 aod,41422 of 2O!7 34A2. 17249.26367 ,26a22. 34478.35307. 34617.39397. 39937 440,44 44067 45592 and 45658 of2O18 2627.4399.3a91,4447.18861. 19352. 20,036.2t9o,9. 2L924.2L930.2270,0.23794. 24674. 26410,29107 ar.d 2912L of 2Ol9 347 7o8 1847 19()6 3589 4728 5378 20049 2o,443 2t297 22334 225A4 22629 24080 2404L 24o.a5 24334 399L7 24357 24410 24657 24659 24660 24662 alad.24673 of 2o20; 2442.336t.4473, 4488. 6595. 6614. 8050. 13010. LL225. 11350. 14562. L643L,20734. 2275t.2276r. 22764,22aL5, 23031 23361 and 23a22 of 2O2l 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 learned Government Pleader for Home that the entire batch of these Writ Petitions can be disposed of in terms of interim order dated 04.02.2O2L in I.A.No.1 of 2O2O in W.P.No.2441O of 2O2O.
2 In view of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of order dated 04.02.2021 in I.A.No.l. of 2O2O in W.P.No.24410 of 2O2O, perrnitting 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 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/operator of the massage centres to provide for the help from the opposite sex. Further, it sha-li be open to any police ofhcer not below the rank of a Sub-lnspector 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 liberty 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 depending upon the result of any such verification and also considering the fact that whether the cross massage service provided to the customers is in professional manner or not.
Police are also entitled to in3vestigate into crimes, if any, reported against the petitioners. petitioners a_re also directed not to keep the main door of the premises crosed, during the working hours. Subject to these conditions, the petitioners may be permitted to carry on thb business, duly tafting all necessar5z ald proper precautions to ensure that no incident of immoral activity is carried on under the guise of providing whore body massage. Miscelaaeous petitions pending in all the Writ petitions, if any, shall stard closed. There shalt be no order as to costs. Date:28.O9.2021 TJMR K. LAKSHMAN, 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.