Petitioner sought a writ of mandamus to stop police interference with her salon and spa business. The Court held that she only held a license for a hair cutting salon, not a spa, and thus is not authorized to run massage activities.
Writ petition dismissed. Police at liberty to inspect premises on suspicion of Spa activities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN
Writ Petition No.918 of 2017
K.Arul Subha ... Petitioner
vs.
1. The Commissioner of Police,
Greater Chennai,
Vepery, Chennai 600 007.
2. The Inspector of Police,
(Law and Order),
V5 Thirumangalam Police Station,
Thirumangalam, Chennai. ... Respondents
Writ Petition filed under Article 226 of the Constitution
of India praying for the issuance of a writ of mandamus,
forbearing the respondents from interfering with the peaceful
conducting of business under the name and style of Pooja's
Family Saloon and Spa at Door No.167/12, Jawahar Colony, 4 th
Avenue, Shanthi Colony, Anna Nagar West, Chennai.
For Petitioner : No appearance For Respondents : Mr.S.V.Durai Solaimalai, Additional Government Pleader O R D E R
The petitioner has come up with this Writ Petition seeking to forbear the respondents from interfering with the peaceful conduct of her business in the name and style of Pooja's Family Saloon and Spa at Door No.167/12, Jawahar Colony, 4th Avenue, Shanthi Colony, Anna Nagar West, Chennai.
respondent Police on many occasions that such activities are not being carried out in her premises, the 2nd respondent is continuing to interfere with her business. In this regard, the petitioner made a representation dated 22.12.2016 to the respondents through Registered Post. Pending consideration of the same, the petitioner is before this Court.
This Writ Petition is dismissed with the above observation. No costs. Consequently, connected W.M.P.No.902 of 2017 is closed.
s/dAssistant Registrar(CS-III) //True Copy// Sub-Assistant Registrar Aeb To:
W.P.No.918 of 2017
KJ(CO)
sp/28/2
3 issues framed by the court
Whether the petitioner is entitled to seek forbearance from police interference while running a massage parlour without a valid licence.
Whether the petitioner is permitted to run a Massage Parlour in premises where only a Hair Cutting Saloon licence was obtained.
Whether the respondent Police are authorized to inspect the premises for unlicensed Spa or Massage activities.
1 provisions across 1 enactments
K. Arul Subha
The Commissioner of Police, Greater Chennai
The Inspector of Police, V5 Thirumangalam Police Station
B. Rajendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
