Allowed

New Tulip Ayurvedic Spa v. The Commissioner of Police

Madras HC26 Feb 2020WP/3512/2020

Case brief

AI extract

What is this about?

This court granted a Writ of Mandamus forbidding police from interfering with an Ayurvedic clinic unless there are specific grounds or reasonable doubts of legal violations, directing police to follow statutory procedures and record reasons in the General Diary during raids or investigations.

What did the court decide?

Writ of Mandamus granting rights to run the Ayurvedic SPA without interference unless police have specific information or reasonable doubts of violation, subject to recording reasons and following leg

New Tulip Ayurvedic Spa Vs The Commissioner of Police — Service and Employment | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 26.02.2020

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CORAM

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THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

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W.P.No.3512 of 2020 And W.M.P.No. 4108 of 2020

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New Tulip Ayurvedic SPA
Proprietor of J.Rajeshwari
No.255/363, M.S.Complex
Palladam Road,
Tiruppur .. Petitioner
..Vs..
1. The Commissioner of Police
Tiruppur City
Tiruppur District.
2. The Inspector of Police
Tiruppur South Police Station
Tiruppur.

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.. Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents herein from any manner interfering with the running of the Ayurvedic Clinic under the name and style of “New Tulip Ayurvedic SPA” at No.255/363, M.S.Complex, Palladam, Tiruppur 641 604.

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For Petitioner : Ms.S.Valarmathi For Respondents : Mr. Inbanathan Additional Government Pleader

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Heard Ms.S.Valarmathi, learned Counsel for the Petitioner and Mr. Inbanathan, learned Additional Government Pleader, appearing for the Respondents and also perused the materials placed on record, apart from the pleadings of the parties.

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The Writ Petition has been filed to forbear the respondents herein from any manner interfering with the running

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https://hcservices.ecourts.gov.in/hcservices/

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of the Ayurvedic Clinic under the name and style of “New Tulip Ayurvedic SPA” at No.255/363, M.S.Complex, Palladam, Tiruppur 641 604. In support of the aforesaid relief claimed, reliance was placed by the Learned Counsel for the Petitioner on the decision of this Court in M/s. Masti Health and Beauty Private Limited -vs- Commissioner of Police, Chennai (order dated 09.12.2014 in W.P. No. 24629 of 2014 etc., batch). In that decision, this Court has held as follows:-

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"67. In the light of the above, all the Writ Petitions are disposed of to the following effect:-

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(i) The Respondents shall not, as a matter of routine and without any basis, conduct any raids and interfere with the business carried on by the Petitioners.

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(ii) In specific cases where the police have reasonable grounds to believe that an offence punishable under the Immoral Traffic (Prevention) Act has been or is being committed, it is open to the police to take action, after scrupulously following all the steps indicated in Section 15 of the said Act. The steps to be followed by me in paragraph 28 above; and

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(iii) Based upon the laws enacted in various States of the United States of America and Singapore, which I have dealt with in paragraphs 39 to 54, the Respondents may take appropriate steps for bringing in either a new legislation or a subordinate legislation in terms of the provisions of the Chennai City Municipal Corporation Act or the Chennai City Police Act, so that public order, decency and morality, which can form the basis for a regulatory law under Article 19(2) of the Constitution, are taken care of."

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Learned Additional Government Pleader appearing for the Respondents submits that the Government of Tamil Nadu accepting the suggestions made by this Court in the aforesaid decision, has made necessary amendments to the Chennai City Municipal Corporation Act, 1919, and in the enactments relating to other Urban Local Bodies, which have come into force with effect from 01.02.2019.

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https://hcservices.ecourts.gov.in/hcservices/

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In view of the aforesaid submissions made by the learned counsel for both sides, the following directions are issued:-

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(i) the Petitioner is entitled to carry on lawful business of “New Tulip Ayurvedic SPA” within the premises and normally there would not be any interference from the police authorities so long as the activities are not in violation of the provisions of any law;

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(ii) if the Police Authorities have specific information or reasonable doubt that the activities carried on in the “New Tulip Ayurvedic SPA” of the Petitioner are in violation of law or relate to unlawful activities, would be open to them, after recording reasons in the General Diary maintained in the Police Station, to proceed to enter the premises of the Petitioner, conduct investigation, interrogate those who are involved in such activities and take appropriate action in accordance with law;

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(iii) the Police Authorities shall not otherwise unnecessarily disturb the activities of club of the Petitioner under the guise of inspection;

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(iv) while exercising the powers conferred on the police authorities, they shall strictly follow the procedure prescribed by law;

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(v) it is always open to the Petitioner to challenge the action taken by the Police, if it is not in accordance with law;

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(vi) the Petitioner shall comply with the requirements of the police authorities to install CCTV cameras at the locations ear marked and shall furnish the footages to the police authorities, whenever required; and

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(vii) it shall be incumbent upon the Petitioner to ensure that all licences required under various enactments applicable to the conduct of business of spa of the Petitioner, are in force in order to avail the benefit of this order and in the event of the same getting expired by lapse of time, suspended or cancelled by the concerned authorities, the Petitioner shall not be entitled to rely on this order to avoid the consequences arising therefrom.

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The Writ Petition is disposed of on the aforesaid terms.

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https://hcservices.ecourts.gov.in/hcservices/

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No costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/-
Assistant Registrar
// True Copy//
Sub Assistant Registrar
vsg
To
1. The Commissioner of Police
Tiruppur City
Tiruppur District.
2. The Inspector of Police
Tiruppur South Police Station
Tiruppur.
+1cc to Mr.J.Franklin, Advocate, Sr.No.16818
+1cc to Government Pleader Sr.No.17178
W.P.No.3512 of 2020
SR(CO)
GS(22/05/2020)

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https://hcservices.ecourts.gov.in/hcservices/

New Tulip Ayurvedic Spa v. The Commissioner of Police

Case brief

What is this about?

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New Tulip Ayurvedic Spa v. The Commissioner of Police

Case brief

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