Green Tree Salon And Spa vs. The State Of Telangana
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The petitioner, Green Tree Salon and Spa, sought a writ of mandamus to declare a notification issued by the Commissioner of Police, Hyderabad City, dated June 30, 2010, as illegal, arbitrary, discriminatory, and violative of constitutional rights and the Hyderabad City Police Act, 1348 Fasli. The petitioner argued that they were operating their beauty and wellness business with valid registrations and were already complying with this Court's previous directions issued in W.P.No.16281 of 2010 and batch on September 28, 2021. The respondents, represented by the Assistant Government Pleader for Home, contended that the petitioner was operating without necessary municipal and GST permissions. They stated they were not interfering with the business but would adhere to the Court's previous order.
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 the previous directions. If any deviation was observed, the respondents 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 was directed to cooperate with the police inquiry. Furthermore, it was open to the petitioner to obtain necessary permissions from the Municipal and GST authorities and to comply with the Court's order dated September 28, 2021. The Court did not expressly decide on the legality of the 2010 notification but focused on ensuring compliance with the existing court order.
Key Issues
1. Whether the notification No.(L&O)/M4/3140/2010, dated 30/06/2010, issued by the Commissioner of Police, Hyderabad City, is illegal, arbitrary, discriminatory, and violative of Articles 14 and 19(1)(g) of the Constitution of India and the Hyderabad City Police Act, 1348 Fasli, as contended by the petitioner? 2. Whether the petitioner is operating their business without obtaining necessary permissions from municipal authorities and GST, as alleged by the respondents? Petitioner's arguments: The petitioner asserted that the impugned notification was illegal and arbitrary. They claimed to be already adhering to the directions issued by this Court in a previous order dated September 28, 2021, in W.P.No.16281 of 2010 and batch, which permitted the operation of massage centers under specific conditions. Therefore, the respondents' insistence on a new court order to continue business was unjustified. Respondents' arguments: The respondents argued that the petitioner was operating without obtaining the required permissions from municipal authorities and GST. However, they also stated that they were not interfering with the petitioner's business activities and would follow the directions previously issued by this Court.
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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 ITYDIRABAI) THE HONOURABLE SRI JUSTICE E.V.VEilUCTOPAL VIRIT PETITION No.12775 of2026 Date:23.04.2o.26 Between: Green Tree Salon 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 filed seeking the following relief:- " -. .to issue an appropriate ui| ord-er or direction more preferablg one in the nature of Writ of Mandamus, declaing the action of the 2nd respond.ent in issuing the impugned notification No.(L&Q/ Ma/ 314O/ 2010, dated 30/06/2010 po.ssed bg the 2nd respondent as illegal, arbitrary, discriminatory, uiolatiue of Article la, 19(1) (g) of the Con stitution of India, contrary to the prouisions of the Hgderabad Citg Police Act, 1348 Fasli and consequentlA set-aside th.e same agoinst 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.
Learned counsel appearing for the petitioner would submit that the petitioner is engaged in the business of 2 providing solutions for all beaut5r and wellness needs such as saloon and spa. The petitioner is holding valid registration certihcates 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 she has an order from this Court to run the business as this Court had decided similar issues in the order, dated 28.09.2O2 i in W.P.No.16281 of 20 10 and batch, wherein this Court issued the following direclions: - "In view of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of order dated O4.O2.2O21 in I.A.No.1 of 2O2O in W.P.No.2441O of 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 numbers, so as to enable the police to contact them on the aspect of the request to the owner/manager/ operator of the massage centrei to provide for the help from the opposite sex. Further, it shall be open to any police offrcer not below the rank of a SubJnspector of Police attached to any Police station to verify once in a while such records mainta.ined by the massage centres and he shall also be at Uberty 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 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 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 whote 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 law, the petitioner is operating her 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.O9.2O2L in W.P.No.16281 of 201O 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 2O1O 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
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The Cbmmissioner of Police, Hyderabad City, Hyderabad' Telangana State. '. 3.ThestationHouseofficer,-BanjaraHillsPoliceStation,BanjaraHills, Hyderabad, Telangana State. +. One CC to SRI SANDEEP RANGU, Advocate [OPUCI S.TwoCCstoGPFORHOME,HighCourtfortheStateofTelangana'at Hyderabad [OUTI
Two CD CoPies ( Along with the order copy dated: 28.09.2021 in w.P.No.16281 ol 20',10 and batch ) \ 20 10 and batch, and if arry deviation is ,tbserved, the respondents police may take appropriate stecs 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. Neediess 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 28.09.2O2t in W.p.No.16281 of 2O10 and batch. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No costs. BN GJP ,. I
HIGH COURT DATED: 2310412026 ORDER WP.No.12775 ot 2026 DISPOSING OF THE WRIT PETITTON WITHOUT COSTS ...-....'. /)' ^.f,' ' ,1' '-'< ' Dt4 U4\-\ ii ...r l' --. ' /2, \\|..:./ \i 30 l\'.ifi:l!2[ //-.\:.. o** I \
THE HONOURAALE SRI JUSTICE K.LAKSHMAN WRIT PETITION Nos.16281 and 16419 of2Olo; 797 t23t 1876 and 2272 of 2Ol 3O317 of2O15 rs413, 1s43s, 29229. 2923t, 30848 . 33121. 38.1()9, t$O738. 4O7a7 and,4r'-939 of 2016 646. 658. 2955.3407.11051. 20,0,69. 25901. 28920.4tOL2. 4L328 41355 and 4L422 of 2OL7 3482, L7249. 26367. 26a22. 34478.35307. 3A617.39397. 399L7. 39937. 440,44. 440,67, 45592 aud 45658 of 2Ol8: 2627 4399 3891 ,1447 18861 19352 20()36 21909 2L924. 21930. 2270,0. 23794, 24674, 264LO. 29107 ar.d 2912L ot2Ol9; 347 7o4 1887 1906 3589 472a 5378 20089 20,443 21297 22338 22544 22629 24o8o 2404L 24085 24334 24357. 244LO. 24657. 246s9, 24660, 24662 al.d, 24673 of 2o20: 24a2 3361 4473 44aA 6595 6614 805() 13010 1L225 1r350 t4s62 16431 20734 2275L 2276L 22768 22ars 23031 23351 and 238.22 of2o21 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.O2.2021 in I.A.No. I 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.O2.2021 in I.A.No.1 of 2O2O in W.P.No.2441O of 2O2O, perrnitting the petitioners to mn 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 zmd 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 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 ald he shall also be at libert5r to veriff 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 aly such verification and also considering the fact that whether the cross massage service provided to the customers is in professional manner or not. it li I
3 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 necessaqr 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 a_11 the Writ Petitions, if aly, shall stand closed. There shall be no order as to costs. K. LAKSHMAN, J Date:28.09.2021 TJMR
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.