VELVET THE SPA v. The State of Telangana

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ order or direction more preferably one in the nature of Writ of Mandamus directing the action of Respondents Police Officials and Officers of soT in interfering with lawful business of petitioner shops under the guise of impugned notification No (L&O)/M4/314012010 dated 30.06.2010 passed by the 2nd respondent and forcing the petitioners to secure similar orders from this Hon'ble court as passed in w P No 16281 of 2010 and batch though there is no violation committed by the petitioners in running their sPA wellness centre as arbitrary illegal and u nconstitutional and violative of Articles 14 19(1)(g) of the constitution of lndia and direct the respondents and their officers not to interfere in the day to day business of petitioner shoPs. I.A. NO:'l OF 2026 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents 2 to 4 and their officers not to interfere in the business of petitioners pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI REVELLI RAMANJANEYULU Counsel for the Respondents: SRI M.SRINIVAS' AGP FOR HOME The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT TTYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL UIRIT PETITION No.17997 of 2026 Date: L2,O6.2O26 Between: Velvet the SPa And . . Petitioner The State of Telangana, ReP. bY its Principal Secretary, Home Department, T.S. Secretariat, Hyderabad, TG-5O0004 and others ..Respondents ORDER: This Writ Petition is filed seeking the following relief:- *-..-to issue an appropiate ui| order or direction more preferablg one in the nature of Wit of Mandamus directing the action of Respondents Police OJfi.cials and Officers of SOT tn interfeing uith latuful business o/ petitioner shops under the guise of impugned notification No. (L&O) M4/3140/2010, dated 3o.o6.2010 passed by the 7d respondent and forcing the petitioners to secure similar orders from this Honourable Court as passed in W. P. No 16281 of 2010 ctnd batch though there is no uiolation committed bg the petitioners in running their SPA Wellness Centre as arbitrary, illegal and unconstitutional qnd uiolatiue of Articles 14, 19(1) (g) of the Constitution of India and direct the respondents and their olftcers not to interfere in the dag to dag business of petitioner shops and grant such other necessary reLief or reliefs as this Hon'ble Court mag deem fit and proper in the circum.stances of the case." 2. Heard Sri Revelli Ramanjaneyrrlu, learned counsel appearing for the petilioner and Sri M. Srinivas, learned Assistant Government Pleader for Home appearing for the ) offir:ial respondents and with their consent, this u'rit petition is being taken up for disposal at the admission stage.

#3. Learned counsel appearing for the petitioner would submit that the petitioner is engaged in the business of providing solulions for all beauty and wellness needs such as saloon and spa. The petitioner is holding valicl registration certificates for running his business in Hyderabad. It is further submitted thal the rcspondents visited the SpA Centre and askcd the petitioner whether he has an order from this Courl to run the business as this Court had decided similar issues in the order, dated 28.09.2021 rn W.P.No.1628l of 201O and batch, wherein this Court issued the following directions:- "ln i'ie\r of the submissions of Iearned counsel for both sides, these Writ Petitions are disposed oI in terms of order dated O4.O2.2O21 in l.A.No.1 ot 2020 in W.P.No.244tO of 2O2O, permitting the petitioners to run the massage centres, subject to mainraining a record in the register to be maintainerl by the massaLe ccntres containing the dates of yisits of the customers, their names and verihable addresses together with the phone numbers, so as to enable the police to contact them on the aspe.-t of the request to the owner/ manager/operator of the massagc centres to provide for the help from the cpposite sex. Further, it shalt be open to any police officer not below the rank of a Sub-lnspector of Police attached to anJ police station to vr-,ri[1, once in a while such records mainta]ned by the massage centres and he shall also be at liberty to verify as to whether the particular customer has solicited any such gpecial service from the massage centre or not. It is also open to the police to take appropriate action depending upon the 3 result of any such verification and also considering the fact that whether the cross massage service provided to the customers is in professional manner or not. Police are also entitled to investigate into crimes, if any, reported against the petitioners. Petitioners are also directed not to keep the main door of the premises closed, during the working hours. Subject to these conditions, the petitioners may be permitted to carry on the business, duly taking all necessary and proper precautions to ensure that no incident of immoral activity is carried on under the guise of providing whole body massage Miscellaneous petitions pending in all the Writ petitions, if any, shall stand closed. There shall be no order as to costs" It is stated that the petitioner is already implementing the directions of this Court and there is no deviation from the same in whatsoever manner, yet the respondents are insisting to secure an order from this Court to continue the business. Questioning the same, the present Writ petition is filed. 4 . Learned Assistant Government Pleader for Home has submitted that without obtaining any permission from the municipal authorities as well as GST as required under law, the petitioner is operating his business activities. He further submitted that the respondents are not interfering with the i business activities of the petitioner and the respondents would follow the directions issued by this Court in the order, dated 2a.O9.2021 in W.P.No.16281 of 2010 and batch.

#5. In view of the said submissions, this Writ Petition is disposed of, directing the petitioner to follow the directions 1 issued b.v this Court in the order dated 2a'O9 2021 in W.P.No. 162a1 of 2O1O and batch. However, this order does not preclude the respondents to ensure that thr: petitioner is following the clirections issued b1' this Court in W'P No 1628l ot 201O and batch, and if any deviation is observed, the respondents police may take appropriate stcps strictly in accordance r,l'ith lau', and if any complaint is mirde against the pctitioner, the petitioner sha1l cooperate with the enquiry with the respondents police. Needless to mention, it is open to the petitioiler to obtain permission from the authorities i'e Municipal and GST and to comply with the order passed by this ' Court dated '28.O9.2021 in W.P No.16281 of 201t) and batch' As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No costs. //TRUE COPY// To, SD/. C.DEEPIKA ASSISTANT REGISTRAR o SECTION OFFICER

#1. The Principal Secretary, Home Department, TS Secretariat' Hyderabad' State of Telangana-500004 2'TheCommissionerofPolice, HyderabadCityPoliceCommissionerate, Road No.12 Banjara Hills, Hyderabad' Telangana-500034

#3. TheAssistantCommissionerofPolice'AcPSultanBazarDivisionEastzone Sultan Bazar Division Hyderabad Telangana 500001

#4. The Station House Officer, Narayanaguda police station behind Melkote Park P;;krg Han Vihar coiony anawini Nagar Narayanguda Hyderabad Telangana 500029 5 One CC to SRI REVELLI RAMANJANEYULU, Advocate [OPUC] 6. Two CCs to GP FOR HOME, High Court for the State of Telangana' at U Hyderabad [OUTJ

#7. Two CD CoPies (Alongwiththecopyoforderdated28.0g'2021,inW'P'No'16281o12010& batch) HIGH COURT DATED: 1210612026 ORDER WP.No.17997 ot 2026 B1 U 7 026

#11. 6i\ I .* .A rO ( z/' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \b DNsb THE HONOURABLE SRI JUSTICE K.LIIKSHMAN WRIT PETITION Nos.16281 and 16419 of2OlO 797, L23t. la76 and 2272 of 2Ol4 3O317 of2O15 15413, 15435 .29229.29231.30848 33 121. 38409 40734 40787 and44939 ol 2016 646,658,295s .9407.11051, 20,0,69.2590L.2492o.4tot2. 4L324 41355 anil 41422of2OL7 34a2. L7249.26367 .26A22. 3,4478.35307. 38617. 39397. 39917.39937 440,44.44067. 45592 and45658 of2O18; 2627.4399.3491 .4447.18851. 19352. 20,036.21909. 2L924.2L930 2270,0. 23794. 24674. 26410 291o7 atd 2912L of2Ol9 347.7o8. LAAT . 1906. 3589. 4728. 5378, 20049.20,443. 2L297,22338,22544.22629.24o,AO.240.41, 240a5.24334. 24357, 244tO.24657. 24659.2466o, 24662 al.d 24673 of 2O2Oz 24a2.336L.4473.4488. 6595 .66L4.8050. 13010. tt22s. 11350, 14562, 16431. 20734, 22751, 2276L- 22764,22415' 23031 23361 and 23A22 of2O2L COMMON ORDER: Since the issue involved in all these Writ Petitions is one €md the same, they are being disposed of by this common order. It is submitted by the learned counsel for the 2. petitioners in all the Writ Petitions and learned Government Pleader for Home that the entire batch of these Writ Petitions can be disposed of in terms of interim order dated 04.O2.2O2L in I.A.No. 1 of 2O2O in W.P.No.2441O of 2O2O. 2 3 In view of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of order dated 04.02.2021 in LA.No.l of 2O2O in W.P.No.24410 of 2020, permitting the petitioners to run the massage centres, subject to maintaining a record in 1l.e register to be maintained by the massage centres containing the dates of visits of the customers, their names and verifiable addresses together with the phone numbers, so as to enable the police to contact them on the aspect of the request to the owner/manager/operator of the massage centres to provide for the help from the opposite sex Further, it shall be open to any police ofhcer not below the rank of a Sub-Inspector of Police attached to any police station to verify once in a while such records maintained by the massage centres and he shall also be at liberty to verify as to whether the particular customer has solicited any such special service from the massage centre or not. It is aiso open to the police to ta_ke appropriate action depending upon the result of any such verification and also considering the fact that whether the cross massage seryice provided to the customers is in professional manner or not. Police are also entitled to investigate into crimes, if any, 3 reported against the petitioners. Petitioners are also directed not to keep the main door of the premises closed, during the working hours. Subject to these conditions, the petitioners may be permitted to carry on the business, duly taking all necessary ald proper precautions to ensure that no incident of immoral activity is carried on under the guise of providing whole body massage. Miscellaneous petitions pending in all the Writ Petitions, if aly, shall stand closed. There shall be no order as to costs. Date:28.09.2021 TJMR K. LAI(SHMAN, J