TN, Puducherry govts to notify rules for running spas

Disposing a batch of writ petitions including the one moved by K Revathy of Ariankuppam seeking to forbear the police from interfering with her spa business, Justice R Mahadevan directed the petitioners to appear along with required documents such as educational certificate and trade certificate before the police having territorial jurisdiction within three weeks.

Also, noting that the petitioner shall not advertise anything, which attracts penal action under the Immoral Traffic (Prevention) Act and that the certificates of persons employed in the spas are to be verified by the police/competent authorities, said “Spot verification/inspection of spas is to be done by the police authorities only when concrete material is available.”

Justice Mahadevan on further holding that “If the spas fail to either produce the license when demanded or continue to run their activities without license, action shall be taken for their closure immediately”, said “However, it is made clear that the petitioners, under the guise of carrying on their business activities, shall not indulge in any unlawful or illegal activities opposed to law or public order.”

“It is also made clear that those who have not filed writ petitions shall produce the above certificates within a time frame, upon due notice issued by the police.” Justice Mahadevan added.

The petitioners had contended that they are trading Ayurvedic products and conducting Ayurvedic Centre including massage therapy in accordance with law. While so, the police officials are frequently visiting their business places under the guise of inspection and interfering with their business activities thereby causing hardship to the customers.

However, Justice Mahadevan while acknowledging the petitioner’s plea for a similar order given by this court in Masti Health and Beauty Private Limited and others versus the Commissioner of Police, Chennai City, said “It is to be noted that in the above said order, the Chennai police were specifically directed to file a report with regard to the decision taken about framing of new legislation or a subordinate legislation in terms of the Chennai City Municipal Corporation Act or the Chennai City Police act.”

“However, the said direction has not been complied with by the Chennai police till date. When the same was questioned by this court, the special government pleader appearing for TN submitted that draft rules have already been made ready and the same would be notified shortly,” Justice Mahadevan added.