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2021 Supreme(Mad) 2713

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
A. Jayaprakash - Appellant
Versus
The Secretary Home Department, Govt of Tamil Nadu, Chennai & Others - Respondent
W.P.No. 16506 of 2015 & M.P.No. 1 of 2015
Decided On : 15-12-2021

Advocates Appeared:
For the Petitioner:D. Udaya Suriyan, N. Chinnaraj, Advocates.
For the Respondents:M. Rajendiran, Additional Government Pleader, P.T. Ramadevi, N. Naganathan, Advocates.

Headnote:

Constitution of India, 1950 - Article 226 – Indian Penal Code, 1860 - Sections 294(b), 509, 109, 369 – Consumer Protection Act, 1986 - 34, 37, 40 - Epidemic Decease Act, 1897 – Section 3 – Right to Information Act, 2005 - Issue a writ of Mandamus to direct respondents to consider petitioner representation and to take necessary action against respondent to cancel license and to stop renewal of license of Pals Restaurant and to penalize respondent for his illegal activities and violations of rules and regulations and for closure of Pals Restaurant permanently - Held, Court is of a concrete opinion that respondent has committed an act of illegality by conducting obscene dances and further committed various irregularities with assistance of anti social elements, which is causing greater nuisance and hindrance to people of that locality and even jurisdictional police finds it difficult to handle respondent and to prevent such illegal activities in premises of 9th respondent - Court is of an opinion that such general defence made by respondent for purpose of defending case cannot be trusted upon any police officials on many occasions conducted inspections and in two occasions registered criminal cases and even now, police authorities filed a report stating that such illegal activities are going on for several years - Writ Petition stands disposed of.

JUDGMENT :

(Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondents 1 to 8 to consider the petitioner representation dated 05/03/2015 and to take necessary action against the 9th respondent to cancel the license and to stop renewal of the license of Pals Restaurant at No.42, Anna Salai, G.G.Complex, Chennai-600 002 and to penalized the 9th respondent for his illegal activities and violations of rules and regulations and for closure of the Pals Restaurant permanently.)

The writ on hand has been instituted to issue a writ of Mandamus to direct the respondents 1 to 8 to consider the petitioner representation dated 05/03/2015 and to take necessary action against the 9th respondent to cancel the license and to stop renewal of the license of Pals Restaurant at No.42, Anna Salai, G.G.Complex, Chennai-600 002 and to penalize the 9th respondent for his illegal activities and violations of rules and regulations and for closure of the Pals Restaurant permanently.

2. The petitioner states that he went to visit Pals Restaurant to watch Cultural dances as he came to understand that Pals Restaurant at No.42, Anna Salai, G.G.Complex, Chennai, which belongs to the 9th respondent. An entry fee of Rs.400/- was collected from the petitioner for the show but no receipt for the money received was issued by the management of Pals Restaurant. The obscene dance show was conducted from night 7:30pm to next day 1:00am and daily 3 to 4 shows were conducted and about 25 to 30 young girls were dancing in half nude in live music with heavy speakers and mostly the girls dancing in the show are between 16 to 35 age groups and most girls were seems to be Muslim girls.

3. During the obscene dances, the spectators were throwing 500 and 1000 rupee notes on the dancing girls and during the show itself the dancing girls and the customers were exchanging their phone numbers. All these things were happening in the public place. Apart from obscene dance drugs and other prohibited items were also sold during the show in the Pals Restaurant. Adding tune to the sales of drugs and prohibited items, there is a TASMAC wine shop in the ground floor of the building and after 10pm after close down of TASMAC shop, liquor of all types, varieties and brand were sold in Pals Restaurant in black market for huge price and it is to note that Pals Restaurant has no license or NOC to sell liquor. Though it is named as Restaurant, no food items were sold in the restaurant and they are only conducting obscene dances in the name of cultural dances.

4. The petitioner states that the owner of the Pals Restaurant Mr.S.Ramaswamy/9th respondent, seems to be a very highly influenced person with men, political and police power. During the obscene shows ten muscle men seems to be like Goondas or Rowdies were guarding the Pals Restaurant and their duty is to threaten the customers, who were creating problem and beat them harshly and throw them out of the Restaurant. Likewise during the obscene dance show the spectators were throwing currency notes on the dancing girls and the spectators were also giving money to the dancing girls and they were also receiving the same, the money received in such a way was shared between the Restaurant and the dancing girls equally.

5. The petitioner states that the obscene dancing show also pave way for prostitution and after the show the dancing girls were indulged in prostitution and the Pals Restaurant act as a connector between the customer and the dancing girls. The prostitution organized by the Pals Restaurant also pave way for clashes between the customers of the Pals Restaurant for the girls who are dancing in the show. The petitioner further status that every month many cases are being registered on the clash between the customers of the Pals Restaurant for the girls in the Triplicane Police Station.

6. It is further contended that these illegal activities are very well known to the

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