M/S.Shadee Natural Centre v. The Secretary to the Government

ORDER The prayer in this writ petition is to forbear the respondents 2 to 5 from interfering with the peaceful conduct of business in the name and style of Shadee Natural Centre situated at 319, Omalur Main Road, New Busstand 22 Hasthampatty, Salem.

2.The learned counsel appearing for the petitioner submitted that the petitioner running a therapy centre in the name and style of "Shadee Natural Centre" situated at 319, Omalur Main Road, New Busstand 22 Hasthampatty, Salem.. He further submitted that the Ayurvedic Massage is a Kerala Traditional System of Medical Treatment for certain ailments including nervous disorder. He further submitted that the qualified and trained therapist are in the petitioner's SPA to apply Ayurvedic Medical Oil and apply the same all over Page3 of 7 the body or specific parts of the body and rub the same and there is no other illegal activity. He further submitted that the officials of the respondents 2 to 5 came to the petitioner's premises and threatens with close down of the petitioner's SPA. Without any prior notice by the respondents 2 to 5, they are coming to interfere with the petitioner's possession. In order to prevent hardship, the petitioner has come forward with this writ petition.

3.The learned Government Advocate (Crl.Side), on instructions, would submit that the respondents are not interfering with the business activities of the petitioner.

4.Heard both sides and the perused the records available before this Court.

5.This Court on an earlier occasion had elaborately discussed about the similar subject and passed order dated 09.12.2014 in W.P.Nos.15866 of 2013 etc cases dated 09.12.2014 reported in 2015[1]MLJ 308 in the case of Masti Health and Beauty Private Limited Vs. Commissioner of Police , Chennai. It is relevant to extract paragraph 66 and 67 of the above said order which reads as follows:- Page4 of 7 "66.Therefore, if the respondents wish to regulate the business/profession of health centres, massage parlours and spas, they must take recourse either to the enactment of a legislation or to the issue of rules/by-laws in exercise of the power conferred by the respective enactments to make subordinate legislation.

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 lows 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 legislation or a sub ordinate legislation in terms of the provisions of the Chennai City Municipal Corporation Act or the Chennai City Police Act, so that public order, deceny 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 Page5 of 7 report on or before 31.03.2015, before this Court, about the decision taken. No costs Consequently all connected pending MPs are closed.".

¶7In the light of the said order, this Court is inclined to direct the respondents to comply with the directions/conditions imposed in paragraph 67 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. It is further made clear that this order will not prohibit the respondents/authorities concerned from interfering in the petitioner's business activities, if there is any violation on the part of the petitioner.

¶8With the above direction, the Writ Petition stands disposed of. No costs. 09-07-2026 Index: Yes/No Speaking/Non-speaking order Vv Page6 of 7 To

¶1The Secretary To The Government Home Prohibition and Excise Department, Fort St.George, Chennai – 600009.

¶2Salem City Commissioner of Police 2-May, Sankari Main Road, Linemedu, Gugai, Salem.

¶3Salem Deputy Commissioner of Police (DC North) 2-May, Sankari Main Road, Linemedu, Gugai, Salem.

¶4Assistant Commissioner of Police Suramangalam Police Station, Salem.

¶5The Inspector Of Police Central Bus Terminus Road, Angammal Colony, Salem. Page7 of 7

G.K.ILANTHIRAIYAN, J. VV 09-07-2026

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN M/s.Shadee Natural Centre Rep by its Proprietrix, Mrs.Deepa Sankar, 319, Omalur Main Road, New Busstand, 22- Hasthampatty, Salem. ..Petitioner(s) Vs 1. The State of Tamil Nadu Rep by its Secretary to Government, Home Department, Fort St.George, Chennai - 600009. 2. Salem City Commissioner of Police 2-May, Sankari Main Road, Linemedu, Gugai, Salem. 3. Salem Deputy Commissioner of Police (DC North) 2-May, Sankari Main Road, Linemedu, Gugai, Salem. 4. Assistant Commissioner of Police Suramangalam Police Station, Salem. 5. The Inspector Of Police Central Bus Terminus Road, Angammal Colony, Salem. ..Respondent(s) Page2 of 7 Prayer: Writ Petition (Criminal) filed under Article 226 of Constitution of India, to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction in the nature of a Writ, forbearing the respondents 2 to 5 or their men agents or any persons claiming under them from interfering with the peaceful conduct of petitioners business in the name and style of Shadee Natural Centre situated at 319, Omalur Main Road, New Busstand 22 Hasthampatty, Salem. For Petitioner(s): Mr.G.V.Sridharan For Respondent(s): Mr.R.Ganesh Kumar Government Advocate (Crl.Side) For R1 To R5