WP/36379/2023 of K.AARTHI Vs THE COMMISSIONER on 29 December 2023

O R D E R

The petitioner has filed this Writ Petition for a mandamus, directing the 1st Respondent to grant license to the petitioner's business namely “Bodhie Spa & Salon” at Varalakshmi Nagar, 2nd Main Road, Maduravoyal, Chennai – 600 095 based on the petitioner's application, dated 07.11.2023.

2. When the matter is taken up for hearing today, the learned counsel for the petitioner represented that the issue involved herein is covered by an order of this Court dated in W.P.No.23004 of 2023, wherein, this Court has held in paragraph No.6 as follows :

“6. It is relevant to extract paragraph 67 of the order in Masti Health and Beauty Private limited case (cited supra), which reads as follows:

67. In the light of the above, all the writ petitions are disposed of to the following effect :

(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;

(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 are narrated by me in paragraph 28 above; and

(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 43 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. The Government shall file a report on or before 31.3.2015, before this Court, about the decision taken. No costs. Consequently, all connected pending MPs are closed.”

3. In the light of the above said order, this Writ Petition is disposed of, by directing the 2[nd] respondent to comply with the directions/conditions imposed in paragraph No.6 of the said order as extracted above. It is also made clear that the petitioner under the guise of carrying on business activity shall not indulge in any unlawful or illegal activities detrimental to law and order or public order. No costs. Consequently, the connected miscellaneous petition is closed.

29.12.2023

mkn2/nsd

Index : Yes/NoSpeaking order/Non speaking orderNeutral Citation : Yes /No To

1. The Commissioner,

Greater Chennai Corporation, Ripon Building, Chennai – 600 003.

2. The Assistant Commissioner of Police,

Koyambedu Circle, Koyambedu, Chennai – 600 107.

3. The Inspector of Police,

T4-Madhuravoyal Police Station,

Poonamallee High Road, Madhuravoyal, Chennai – 600 095.

P.DHANABAL, J.mkn2/nsd

W.P.No.36379 of 2023andW.M.P.No.36377 of 2023

29.12.2023