Request for a Mandamus to declare interference with business as illegal; compliance with COTP Act directions.

ORDER

This writ petition is filed seeking for the following relief:

“to issue a Mandamus or any other appropriate Writ, Order or direction declaring the action of the respondents herein in banning and interfering with the business of the petitioner in serving of flavored hookahs without reference to any rule, law or regulations as illegal, arbitrary and contrary to the provisions of the Cigarettes and other tobacco products prohibition of Advertisement and Regulation of Trade and Commerce production supply and distribution Act, 2003 and consequently direct the respondents to allow the petitioner to carry on his business of serving flavored hookahs in their coffee shops without any hindrance or restrictions as per the terms and conditions of Entertainment License.”

2. I have heard learned counsel representing the learned counsel for the petitioner and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4.

3. Learned counsel for the petitioner submits that the present writ petition has been filed challenging the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short, ‘COTP Act’). It is submitted that, in the instant case, this Court, after considering the submissions and keeping in view the interim directions issued in similar matters, was pleased to pass an interim order dated 23.03.2016. Pursuant to compliance with the said interim order, the respondent authorities have not interfered with the petitioner’s business. In these circumstances, the petitioner prays that the interim order dated 23.03.2016 be made absolute and that the present writ petition be disposed of accordingly.

4. Learned Assistant Government Pleader for Home submits that there is no specific objection to the relief sought by the petitioner.

5. Upon perusal of the material on record, this Court notes that an interim order was passed on 23.03.2016 with the following specified directions.

“In the light of the interim order granted by this Court in identical matters, there shall be an order alike in this matter also in the following terms:

If the petitioner installs video cameras, either open or concealed, records its operations and also undertakes to preserve the recordings for a minimum of fifteen days period, so that the police, in case of suspicion or necessity, can replay the footage and examine as to whether any undesirable elements or young persons in conflict with law are frequently visiting the petitioner’s café for hookah, the petitioner’s café may be permitted to carry on its operations.

Learned Assistant Government Pleader for Home would suggest that:

i) The Hookah centres shall not be kept open beyond 11.00 p.m.

for its customers;

ii) They must necessarily exhibit the signboard that they are Hookah centres; and iii) They must also exhibit the notice board that children below the age of 18 are not liable to be entertained as guests, even for any other recreational purpose including consumption of coffee inside the Hookahk Centres.”

6. In view of the fact that the petitioner’s grievance stood resolved subsequent to the above interim order, this Court finds it just and proper to make the said interim directions absolute. It is so ordered.

7. Consequently, the writ petition stands disposed of. There shall be no order as to costs.