Touch N Glow v. 1. 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 ltrlandamus, declaring the action of the 2nd respondent in issuing the impugned notification No.(LSO)/M4/314012010, dated. 30.06.2010 passed by the 2nd respondent as illegal, arbitrary, discriminatory, violative of Article 14, 19(1) (g) of the Constitution of lndia, contrary to the provisions of the Hyderabad City Police Act, 1348 Fasli and consequently set-aside the same against the petitioner, in the interest of justice. lA NO: 1 OF 2018 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 suspend the impugned notification No. (L&O)/Ma/314012010, dated. 30.06.2010 passed by the 2nd above Writ petition_ respondent against the petitioner, p: rding disposal of the Counsel for the petitioner: Ms. RAJANIKANTH JWALA (N( T pRESENT) Counset for the Respondents: SRI o.pnaoeip, eiip FoF: .{oME The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.45611 OF 2018 03'd December,2O25 Between: Touch Glow rep , by its Proprietor Smt. Setti Vanajakshi Petitioner AND The State of Telangana, Rep., by its PrinciPal SecrelarY, Home Department, T.S. Secretariat, Hyderabad and 3 others Respondents REDRo This Writ Petition is filed under Article 226 of Constitution of lndia seeking the following relief/s:- ' ..to itstrc un uppr(ryriate \rril, order or rlircctitlt rrtorc pra.fcrably one in the nalurc of Il'rir oJ ,lltrntluntrs, dcclttring the uction of 2"'t r,,'rltttrttlcrtt itl is.\uin!: tha inpugned notifcation .\o (1, ft 111.t,111ii110/2010, doted. 30.06.2010 ptt.ssetl by 2"'1 respontlenl as illegal, urbilrtu'1. 1 discrininatory, fiolcttiw of Article t l. 19 ) ( ) of tltc Cottstittrtiott ol lndiQ. (ontret.t, t. t t proririonr ttf th<' I lrdt,ruhutl ('ih. ktlice . L l-113 l rt.tli unLl (ot1\(Llu(tttl\' .rt't-tt.sitlt' lltt .,.rtn ' agttitttt tht l)L'ltlit)lt:t. iu tltu iDtaR,\t o[_ju:t,, '

2. None appeared on behalf of the petitioner 3 Heard [\tlr. D.Pradeep, learned Assistan. Government Pleader for Home appearing for respondent Nos.1 t I 4

4. The learned Assistant Government pleac :r for Home submits that the petitioner was permitted by il| ; Court, ylde interim order daled 15.12.2018, to continue 1is business operations subject to certain specified condition s lt is further submitted that, subsequent to the said order, no furl ter contest or grievance has been raised by the petitioner. Acct clingly, prays for passing appropriate orders in the matter.

5. This Court, while granting the interim c,rder dated

15.12.2018, had placed reliance on the interim dir: ;tions issued in an identical matter, vide order dated 05.02.2012 n W.p. No. 797 o'f 2014 and batch, which read as follows: "l am of the opinion that the Commissioner of Police, Hyderabad City, is entitled to take all reasonable measures for the prevention of indecent and immoral activities, parlicularly in massage centres Therefore, instead of preventing the massage centres from operating their facilities, it is appropriate to observe that every massage centre must faithfully maintain a record containing the date-wise vlslts of customers, their names, verifiable addresses, and phone numbers, so as lo enable the police to contact them for verification purposes, if necessary. lf any particutar customer makes a special request to the owner' manager, or operator of the massage centre to provide asslslance from the opposite sex, the same shall be duly recorded in the register maintained by the massage centre' It shatl be open to any potice officer not below the rank of Sub- lnspector of Police attached to any police station to verify, from time to time, the records maintained by the massage centres and to asceftain whether any customer has sought such special service. Depending on the outcome of such verification, appropriate action may be taken in accordance with law." 4

6. lt thus appears that the above interim direr trons, by striking an approprrate balance between safeguarding pt tlic morality and protecting the lawful business interests of masse ( e centres, have effectively addressed the grievance of the petitiorr rr . 7. I have perused the matenal available on i ,oord. B. Having considered the submissions ( 1 the learned Assistant Government pleader for Home and in v ew of the fact that the grievance of the petitioner stands resolver in light of the interim order daled 15.12.20.18, this Court is of t rr: considered opinion that the continuance of the interim directio r is no longer necessary. The sald interim order, having served r s purpose, is accordingly made absolute With this direction, the Writ petition is dispcs :d of There shall be no order as to costs lVliscellaneous petitions, pending if any, shall s,t tnd closed To 1 2 SD/-r aQ$r //rRUE coPY// \ \" \1, The Principal Secretary Home Department, T.S. S"V"tari Telangana State. The Commissioner of police, The,C.omm issioner of potice, Cib;r;b;; C;,#, "iffi ;;;i, g:^.H,b_qyt i, r ne_ uratton^House Officer, Madhapur police Station, Ivlacll I etangana State. 5. One CC to Ms. RAJAN,TKANTH JWALA, Advocate IOPUC t 7. Two CD Copies ydera ba d, Tet d n g'a n a St;r". " " " ""-'"'' " ly;":,";l: ?3.1r?* lyderabad City, Hyderabad. 4 .t_t PSK./BSK Pnq \ SRINIVAS REDDY ; -ANT REGISTRAR S ECTION OFFICER :, Hyderabad, 'olangana r ()yberabad, State. r, pur, Hyderabad, Holre, Hiir,'C;;t'r#ii"""bi;t" o7i,, ,nsana, ar HIGH COURT DATED:0311212025 ORDER WP.No.45611 of 2018 ( * r) ..) \ '1I :J I u 2fi2fi * j,, \TC DISPOSING OF THE WRIT PETITION WITHOUT COSTS @*o ')-{ [),\,-{