Munmun Kaur
Published On: December 24, 2021
Madras High Court while rejecting the Plea of an owner of Ayurvedic Therapy Centre which sought relief from frequent Police Inspections, has held that it cannot pass Preventive Orders to curb Law Enforcing Authorities from exercising their powers in accordance with the Law.
Justice S.M. Subramaniam observed that there are generally large-scale Allegations against the Ayurvedic Spas and Massage centers and if any doubt arises, the Authorities are bound to conduct Inspections to verify the business activities and to prevent the Illegal activities.
The Petitioner claimed that the frequent Inspections and interference in the Lawful business cause disturbances. Although the Court was of the view that the Petitioner’s claim of “Lawful business” can’t always be trusted upon and therefore, the Police on any doubt is duty-bound to verify the Legality of it.
The Madras High Court further directed the Tamil Nadu Director General of Police (DGP) to install functional CCTV cameras in all Spas and Massage centers as this will help in preventing Illegal activities.
Justice Subramaniam also observed that if such Preventive Orders are issued, it would cause great prejudice to the Authorities from exercising their powers which would eventually pave the way for Illegal activities being conducted by persons in the Spas and Massage centers. Therefore, preventing the Law Enforcement Agencies from exercising their due powers is not only Unconstitutional but also results in encouragement of Crimes in society.