M/S. Glow And Grow Studio vs. The District Collector

Facts

The petitioner, M/s. Glow and Grow Studio Lotus Bali Spa, a partnership firm operating since 2016, sought a No Objection Certificate (NOC) from the Commissioner of Police, Trichy, to continue running their spa. The spa provides professional massage and aromatherapy services. While initially operating without a specific spa license, they obtained GST registration in 2018. In February 2023, the Commissioner of Police insisted on a proper license, requiring an NOC from the Police Commissioner and Health Officer. The petitioner's initial application for NOC was rejected on April 5, 2023, citing a lack of required qualifications under a Government Order dated February 27, 2019. Subsequently, the Tamil Nadu Urban Local Bodies Rules, 2023, were notified on April 12, 2023, which mandated licenses for spas and prescribed qualifications, but also included an exemption for existing spas. The petitioner submitted a fresh application for NOC on July 21, 2023, which remained unconsidered, leading to the present writ petition.

Held

The Court held that the qualification prescribed under Rule 299(2) of the Tamil Nadu Urban Local Bodies Rules, 2023, does not apply to existing spas operating on the date of the notification. The proviso to Rule 299(2) explicitly states this exemption. Therefore, the authorities, including the Commissioner of Police and the Commissioner of the Municipal Corporation, Trichy, cannot insist on the compliance of sub-rule (2) for issuing a license to an existing spa like the petitioner's. The Court found that the petitioner's spa was already in existence. Consequently, the Court directed the Commissioner of Police, Trichy (the second respondent), to consider the petitioner's application for NOC dated July 21, 2023, and issue the NOC if other parameters are complied with, within 15 days from the receipt of the order. The Court did not delve into the validity of Rule 299(2) itself, as the issue was limited to its applicability to existing establishments.

Key Issues

1. Whether the qualification requirements stipulated under Rule 299(2) of the Tamil Nadu Urban Local Bodies Rules, 2023, are applicable to existing spas operating prior to the notification of these Rules, specifically concerning the issuance of a No Objection Certificate (NOC)? Petitioner's contention: The learned Senior Counsel for the petitioner argued that Rule 299(2) of the Tamil Nadu Urban Local Bodies Rules, 2023, which mandates specific qualifications for individuals engaged in running spas, does not apply to existing spas operating on the date of the notification. Therefore, the rejection of the NOC application based on the petitioner not engaging qualified persons, as per the notification, is illegal. The petitioner relied on the proviso to Rule 299(2). Revenue's contention: The respondents, represented by the Government Advocate, contended that the petitioner needed to possess the qualifications required under the Government Order dated February 27, 2019, and subsequently, the Tamil Nadu Urban Local Bodies Rules, 2023. They insisted on the compliance of sub-rule (2) of Rule 299 for issuing the license.