The Court dismissed the writ petition challenging police interference with the petitioner's business of selling flavored hookah, holding that hookah is not a permissible item for sale under the COTPA Act, 2003.
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W.P.No.42034 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.42034 of 2016 and W.M.P.No.35969 of 2016
Robusta (Hyglow Cafe) Rep. by its Partner Vishal Dugar, No.1179/8, Kodambakkam High Road, Nungambakkam, Chennai – 34 (cause title amended vide order dated 18.08.2022 made in W.M.P.No.11470 of 2019 in W.P.No.42034 of 2016) ...Petitioner Vs.
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents forthwith from interfering with the running of the petitioner's business peacefully in
8.12.14.
W.P.No.42034 of 2016
pursuance of the order passed by the Hon'ble Supreme Court in Civil Appeal No.10846 of 2014 (Arising out of SLP (Civil) No:8143 of 2014 dated 8.12.14.
For Petitioner : Mr.M.Madhu Prakash
For Respondents : Mr.L.S.M.Hasan Fizal, AGP
ORDER
This writ petition has been filed seeking to forbear the respondents forthwith from interfering with running of the petitioner's business peacefully in pursuance of the order passed by the Hon'ble Supreme Court in Civil Appeal No.10846 of 2014 (Arising out of SLP (Civil) No:8143 of 2014 dated 08.12.2014.
branches in the name and style of Robusta after getting required licence to run the same. The petitioner has specifically earmarked smoking area in their restaurants in accordance with the norms of the provisions of cigarettes and other Tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 in short referred to as “COTPA Act” and also the Prohibition of Smoking in
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Public Places Rules, 2008. As regards selling Hookah in their restaurants, the petitioner also attended an enquiry before the concerned police and also specified that the petitioner is selling flavored hookah by strictly following the norms prescribed under the COTPA Act. Whileso, the second respondent under the supervision of the first respondent, on 11.11.2016 entered the premises of the restaurants of petitioner and forced the petitioner to shut down the restaurants. Therefore, the petitioner has come forward with the present writ petition to forbear the respondents not to interfere with the peaceful conduct of the petitioner's business in selling the flavored hookah in their restaurants.
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the persons who are aged 21 years and above and the restaurant is also not situated within 100 yards of any industrial institutions. Therefore, the learned counsel submits that when the petitioner is running the restaurant and selling the hookah as per the norms and guidelines prescribed by COTPA Act, there is no jurisdiction on the part of the respondents to interfere with the business of the petitioner. Hence, the learned counsel would urge this Court to forbear the respondents from interfering with the business activities of the petitioner.
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learned Additional Government Pleader appearing for the respondents and perused the materials placed on record.
Sub Section 3(p):- “tobacco products” means the products specified in the Schedule.
and other tobacco products by a person to any person above the age of 18 years and also in any area within the radius of 100 yards from any educational institution. Section 6 of the Act reads as under:
Section 6:- No person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco product-
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a) to any person who is under eighteen years of
age, and
b) in an area within a radius of one hundred yards of any educational institution.
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connected miscellaneous petition is closed.
19.08.2024
rap
Index : Yes/No Speaking order : Yes/No NCC : Yes/No
To:
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M.DHANDAPANI, J.
rap
W.P.No.42034 of 2016
19.08.2024
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2 issues framed by the court
Whether the sale of flavored hookah in restaurants is permitted under the COTPA Act, 2003.
Whether police interference with the petitioner's business of selling hookah was justified.
3 provisions across 2 enactments
Robusta (Hyglow Cafe) Rep. by its Partner Vishal Dugar
The Commissioner of Police, Greater Chennai
The Inspector of Police, G3, Police Station, Kilpauk, Chennai
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
