Licence required for running guest house.

In all the writ petitions, the common question is whether the respondents can insist the petitioners to produce licence under Sec.35 of the Tamil Nadu City Police Act (hereinafter referred to as ‘the Act’).

2. Admittedly, the petitioners in W.P.Nos.2503 and 3340 of 1999 and the members of the petitioner/association in W.P.No.2728 of 1999 are doing business of conducting mansion/guest houses. According to them, the mansion/guest houses are building constructing of several rooms, where bachelors and married persons who do not have family within the City of Chennai are permitted to stay on a monthly rent basis sharing accommodation in rooms. The tourists are also accommodated in the guest houses/mansions run by the petitioners. According to the petitioners, the monthly rent is collected in advance, and thereby create a tenancy for limited period. With respect to the tourists, it is stated that charges are being collected on a package system and no separate amount is collected for stay in the guest houses/mansions.

3. It is the further case of the petitioners that petitioners buildings have been assessed to property tax by the Corporation of Chennai. But the respondents 2 to 4, on the instructions of the first respondent/Commissioner of Police, came to the petitioners’ mansion/guest houses and directed the petitioners to close down the guest houses immediately and warned to seal the premises on failure to close. According to the petitioners, such step was taken only on the ground that the licence is not obtained from Corporation of Chennai. When the petitioners approached the Corporation of Chennai to get licence, they were directed to get no objection certificate from the respondents. But, Police authorities in turn, directed them to obtain clearance from the Corporation and Chennai Metropolitan Development Authority. In W.P.No.2728 of 1999, it is stated that the business of conducting mansion does not fall within the definition of Sec.34 or 35 of the Act.

4. Respondents have filed counter. In the counter, it is specifically stated that the petitioners have to obtain proper licence as contemplated under Sec.35 of the Act from the first respondent/Commissioner of Police, It is also specifically stated in the counter that, “it is false to State that the petitioner and others were threatened to seal the premises. I submit that this respondent never threatened the petitioner as alleged by him.”

5. On the basis of the above said averments and counter averments of the parties, it has to be now decided that whether the respondents have authority to have a control over the petitioners’ business of conducting mansions/guest houses by exercising powers under Sec.35 or 37 of the Act.

6. Sec.35 of the Act reads as follows:

“35. Eating houses, hotels, wine shops, fencing schools etc. to be licensed: No enclosed place or building shall be used as an eating house, coffee house, boarding-house, lodging-house, hotel, tavern, wine beer or spirit shop, arrack or toddy shop, gymnasium or fencing school or for the sale or consumption of any intoxicating drug or liquor, with-out a licence from the commissioner: Provided that nothing in this section shall apply to the sale in reasonable quantities of any drug or substance for medical purpose only, or to any gymnasium or fencing-school of any educational institution controlled or recognized by the State Government.”

Sec.37 of the Act reads as follows:

“37 . Penalty for omission to procure licence as required by Sec.34 or 35: Whoever keeps or uses or permits to be kept or used any enclosed place or building requiring a licence, under Sec.34 or 35 without having obtained a licence as therein required, shall be liable on conviction to fine not exceeding fifty rupees for every day on which such place or building is so used.”

7. Under the said provisions, if it is a boarding house or lodging house, the person conducting the same, should take licence from the Commissioner of Police, Chennai. If the licence is not