LIORA WELLNESS SPA v. The State of Telangana

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 lo 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: SRt M.SRIN|VAS, AGp FOR HOME The Court made the following: ORDER IN TTIE HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL trRIT PETITION No.18O15 of 2o26 Date: L2.O6.2O26 Between: Liora Wellness Spa And . . Petitioner The State of Telangana, Rep. by its Principal Secretary, Home Department, T.S. Secretariat, Hyderabad, TG-500004 and others ORDER: Respondents This Writ Petition is filed seeking the following relief:- ". . ..pLeased to issue an appropriate u.tit, order or direction more preferably one in the nature of Wit of Mandamus directing the actton of Respondents Poltce Olficials and Offtcers of SOT in interfeing uith lauful business of petitioner shops under the guise of impugned notification No. (LA,Q/ Ma/ 3140/ 2010, dated. 3O.O6.2010 possed bg the 2"a respondent and forcing the petitioners to seanre stmilar orders from this Honourable Court as passed tn W.P.No.1628I of 2O1O and batch though there is no uiolation committed bA tLTe petitioners in running their SPA Wellness Centre os arbitrary illegal and unconstitutional and uiolatiue of Articles la, 19(1)(9) of the Constitution of India and direct tlrc respondents and their off.cers not to interfere in the day to day business of petitioner shops and grant...."

#2. Heard Sri Revelli Ramanjaneyulu, learned counsel appearing for the petitioner and Sri M. Srinivas, learned Assistant Government Pleader for Home appearing for the official respondents and with their consent, this writ petition is being taken up for disposal at the admission stage. 2

#3. Learned counsel appearing for the petitioner would submit that the pctitioner is engaged in the business of providing solutions for all beauty and wellness needs such as saloon and spa. The petitioner is holding valid registration certificates for runr-ring his business in Hyderaba<l. It is further submitted that thc respondents visited the SPA Centre and asked the petitioner u'hether he has an order fron:. this Court to run the business as this Court had decided similar issues in the order, dated 28.09.2021 in W.P.No.i6281 of 2010 and batch, wherein this Court issued the following directions:- "ln view of thc submissions of Iearned counsel for both sides, these Writ Petitions are drsposed of in terms of orcler dated O4.O2.2O21 in LA.No. 1 of 2020 in W.P.No.2441O ol 2O2O, permitting the petitioners to run the massage centres, subject to mair-rtaining a record in the register to be maintained by the mass.lge centres containing the dates of visits of the customers, their names and vertfiable addresses together with the phone numbers, so as to enable the police to contact them on the aspcct of the request to the owner/ manager/ operator of the massage centres to providc for the help from the opposite sex. Flrrthcr, it shall be open to any police officer not below the rank of a Sub Inspector of Pohce attached to ar]y police station to verifl once in a while such records maintained by the massage centres and he shall also be at liberty to verify as to u,hether the particular customer has solicited any such special service Irom the massage centre or not. It is also open to the police to take appropriate action depending uPon the result of any such vcrification and also considering the fact that \rhether the cross massage service provide<i to the cLtstomers is in professional manner or not. Police are also entitled to investigate into crimes, if any, reported against the 3 petitioners. Petitioners are also directed not to keep the maln 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 al1 necessary and proper precautions to ensure that no incident of immoral activity is carried on under the guise of providing whole body massage' Miscellareous 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 fried' Learned Assistant Government Pleader for Home has 4. submitted that without obtaining any permission from the municipal authorities as weil as GST as required under 1aw' the petitioner is operating his business activities' He further submitted that the respondents are not interfering with the business activities of the petitioner and the respondents would follow the directions issued by this Court in the order' dated

#28. Og.2021 inW.P.No.16281 of 2010 and batch' In view of the said submissions, this Writ Petition is 5. disposed of, directing the petitioner to foliow the directions issued by this Court in the order dated 28.09 .2021 in W.P.No.16281 of 201O and batch. However, this order does not preclude the respondents to ensure that the petitioner is I ! 4 following the directions issued by this Court in W.p.No.16281 of 20 lO and batch. and if any deviation is observed, the respondents police ma1- take appropriate steps strictly rn accordance with law, and if any complaint is made against the petitloner, the petitioner shall cooperate with thr: enquiry with the respondents police. Needless to mention, it is open to the petitioner to obtain permission from the authorities i.e., Municipal and GST and to comply with the order passed by this Court dated 2a.O9.2021 in W.p.No.16281 of 2O10 and batch. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No costs //TRUE COPY// SD/. C.DEEPIKA ASSTSTANT T|STRAR /a-- SECTIb[(oFFIcER To, 'l . The Principal Secretary, Home Department, T,S. Secretariat, Hyderabad, State of Telangana-500004.

#2. The Commissioner of Police, Malkajgiri Commissionerate, Ramakrishnapuram Post, Shiva Nagar Colony, Vayupuri, Neredmet, Secunderabad, Telangana 500056

#3. The Assistant Commissioner of Police, ACP Malkajgiri Division, Opp. AMR Planet, Vasanth Vihar Colony, Moulali.

#4. The Station House Officer, Gopalapuram Police Station, 94-187, 6th Ln, Regimental Bazaar, Shivaji Nagar, Secunderabad, Telangana 500003 5 One CC to SRI REVELLI RAMANJANEYULU, Advocate [OPUC] 6. Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad [OUT]

#7. Two CD Copies (Along with the copy of order dated 28.09.2021, in W.p.No.,16281 ot 2O,lO & batch) BsuKAt rKSu HIGH COURT DATED: '1210612026 ORDER WP.No.18015 of 2026 r ttt sTe I0 6i- t cJ 3 18 l,.lil ZuZE ?(.. t 9 J: l- t)F5paT;'l( t '/' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \0 ,\,0 \ t THE HONOURABLE SRI JUSTICE K.LAXSHMAN WRIT PE"TITION Nos.16281 and 16419 of 20to 797 l23L 1876 ar.d2272 of 2Ol4 3o817 of2o15 15413, 15435,29229.29231. 30848. 33121. 38409. 40738. 4OZa7 atd 44939 of2015 646,658.295s ,3407, tt o51,20069 ,25901. 24920'4totz. 4132A 41355 and 41 422 of2Ol7 s4a2 17249 26367 268.22 3447a 3s307 3A617 39397 39917.39937 440,44,44 067,4s 592 and 45658 of2O18: ?627 4399 3891 4447 18861 193'5.2 20036 21909 2L924,21930,227oo,23 794,2 1674,2 64tO, 29107 andl 29121 of 2019 347.7o,a. la47. 1906.3 549.472a 5378.20089 34 24357.2441o.246s7.24659.24660. 24662 and 24673 of 2O2Oz 24a2.3A6,..4473,44aA 6595,6614.80 5(,. 13o10. 11 225. 11350 r4s62 L6431 20734 227st 2276t 2276A 22A15 23031 23361 and 23A22 of 2O2l t 2 22 5 1 COMMON ORD ER: Since the issue involved in all these Writ petitions is one and the same, they are being disposed of by this common order.

#2. It is submitted by the learned counsel for the 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.O2.2021 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 04.02.2027 in I.A.No.1 of 2O2O in W.p.No.24410 of 2O2O, permitting the petitioners to run the massage centres, subject to maintaining a record in the register to be maintained by the massage centres containing the dates of visits of the customers, their names and verifiable addresses together rvith 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 mass:ge centres to provide for the help from the opposite sex. Further, it shall be open to any police officer 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 libert5r to verify as to whether the particular customer has solicited any such special seryice from the massage centre or not. It is also open to the police to take appropriate action depending upon the result of any such verification and a_lso considering the fact that whether the cross massage service provided to the customers is in professional manner or not. Police are also entitled to fuivesUgate into crimes, if any, reported against the petitioners. petitioners are a-lso 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. Date:28.O9.2021 TJMR --- K. LAKSHMAN, J