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2025 Supreme(Online)(Mad) 55872
IN THE HIGH COURT OF JUDICATURE AT MADRAS
B. Pugalendhi, J
Sathya – Appellant
Versus
The Commissioner, Dindigul Corporation – Respondent
WPCRL(MD)No.377 of 2025
For the Appellants/Petitioners: Mr. Natarajan
For the Respondents: Mr. E. Antony Sahaya Prabahar, Additional Public Prosecutor
Licenses for operating spa businesses must adhere to established procedures under local laws, requiring municipal approval and police no objection certificates.
Headnote:(A) Tamil Nadu Urban Local Bodies Act, 1998 - Section 108-A - Writ of Mandamus sought for issuance of a no objection certificate for running spa business - The petitioner submitted representations seeking necessary permissions from municipal and police authorities which remain unconsidered - Applicable rules for trade license issuance highlighted, specifying the need for compliance and municipal authority engagement. (Paras 5, 6, 11)
(B) Licensing Procedures - The court emphasized the importance of following protocol under the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022 and highlighted responsibilities of municipal bodies in the license granting process. (Paras 7, 8, 10)
Facts of the case:
The petitioner has been operating a spa business since December 2024 and requires a no objection certificate from the local police and a trade license from the municipal corporation, but her applications have not been acknowledged.
Findings of Court:
The court directed that the petitions made by the petitioner should be considered in accordance with the law within three months.
Issues: The requirements for obtaining a trade license and the necessity of compliance with local authority procedures were the core issues.
Ratio Decidendi: The court ruled that the petitioner must adhere to the prescribed procedure for obtaining necessary licenses which necessitates the involvement of the municipal commissioner rather than direct NOC applications to the police department.
Result: Petition is disposed of directing the appropriate authorities to consider the petitioner's application.
| Table of Content |
|---|
| 1. petitioner seeks directions for obtaining trade license. (Para 1 , 2) |
| 2. opposition highlights procedural requirements for licensing. (Para 3) |
| 3. statutory framework under tn urban local bodies act governs trade licenses. (Para 4 , 5) |
| 4. establishes need for formal application to municipal commissioner. (Para 6 , 10 , 11) |
| 5. court discusses relevant legislative framework for spa licensing. (Para 7 , 8 , 9) |
ORDER
This writ petition has been filed for a direction to the 2nd and
3rd respondents to issue a no objection certificate, enabling the 1st respondent to issue trade license for running the petitioner’s spa by considering the petitioner’s representation dated 03.05.2025.
2.The case of the petitioner is that she is running a spa business and the same has been registered with the Ministry of Micro, Small and Medium Enterprises. The petitioner has employed certified professionals to carry out spa therapy, Ayurvedic rejuvenation therapy, and Ayurvedic based beauty treatments, including hair washing and its related services. On 03.05.2025, the petitioner submitted a representation to the Superintendent of Police, Dindigul and the Inspector of Police, Dindigul North Police Station seeking NOC. She has made a separate representation to the Commissioner, Dindigul Municipal Corporation seeking trade licence. However the representations have not been considered by them so far. Therefore, the petitioner has filed this petition.
2.The learned counsel for the petitioner submits the petitioner is doing the above business since December 2024 without any complaints. However, she apprehends that without necessary permission action may be initiated against her, she made representations seeking necessary certificates. In support of his contention, the learned counsel has relied on a decision of this court in Payel Biswas vs. The Commissioner of Police Trichy City and others (WP (MD)No.22667 of 2021, dated 04.01.2022).
3.On the other hand, the learned Additional Public Prosecutor has pointed out that such an application should be made to the Municipal Commissioner under the relevant rules and it is for the Municipal Commissioner, to obtain a no objection certificate from the officials concerned.
4.The court has considered the rival submissions made and perused the materials.
5.The issuance of licence and permissions for the running of spas and massage parlours is covered under the Tamil Nadu Urban Local Bodies Act, 1998 and the Rules made thereunder. The Tamil Nadu Urban Local Bodies (Amendment) Act, 2022 and the Rules came into force with effect from 30.04.2023 and therefore, this legislation is applicable to all municipalities in the State of Tamil Nadu.
6.As per Section 108-A of the TN Urban Local Bodies Act 1998, no place shall be used as a spa and massage parlour without a licence granted by the Municipal Commissioner. The application to obtain such a licence has to be made to the Municipal Commissioner concerned, who is empowered to hold such inquiry as he sees fit before granting such a licence.
7.The procedure and format for issuing such licence are specified under Rule 299 of the Tamil Nadu Urban Local Bodies Rules 2023 [in short 'the Rules']. As per this Rule, the application for running such a business is to be made in Form 7 and the licence is to be granted under Form 15. Such a licence shall be issued initially for a period of three years and thereafter, can be renewed for every three year period.
8.As per Rule 299 (5) of the Rules, the Municipal Commissioner is required to conduct an inspection regarding the suitability of the place in respect of which the licence is applied including compliance of all conditions mentioned in these rules, the possibility of any danger to life or health or property or the likelihood of any nuisance being created and compliance with other acts and rules.
9.The requirement of no objection certificate from the Police Department is required as per Rule 299(6) of the Rules and the same is extra
