MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 13073 of 2025 and WMP.No.14589 of 2025 C.Muthupandian @ Muthupandi … Petitioner Vs. 1.The Commissioner of Police

by Sekar Reporter · Published June 6, 2025 · Updated June 6, 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

W.P.No. 13073 of 2025 and WMP.No.14589 of 2025

C.Muthupandian @ Muthupandi … Petitioner

Vs.

1.The Commissioner of Police

Office of the Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai-600 007.

2.The Assistant Commissioner of Police, Triplicane Range, Chennai-600 005.

3.The Inspector of Police,

D-1, Triplicane, Chennai … Respondents

PRAYER: Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the impugned Rejection No.Rc.No.E3(1)//192/62029/2024 dated 23.01.2025 and subsequent reply by the first respondent dated 17.02.2025 bearing Ref.No.R.C.No.E3(1)/288/82202/2024 and quash the same and consequently direct the first respondent to renew the Public Resort License for the period of one year.

For Petitioner : Mr.R.Rajesh Kumar

For Respondents : Mr.A.Gopinath,

Government Advocate (Crl. Side)

O R D E R

This petition has been filed challenging the order passed by

the first respondent dated 23.01.2025 thereby cancelling the Public

Resort License of the petitioner and renewal of license.

2. The petitioner is carrying on business in Hotel Industry in the name and style of “Hotel Platinum Stars”. He has also conducted Indian Cultural Dance in the Hotel. He has obtained license to conduct Indian Cultural Dance subject to certain conditions. Subsequently, it was renewed till 31.12.2024.

3. When the petitioner applied for renewal of license he was issued show cause notice dated 27.11.2024, calling upon the petitioner to show cause as to why his request for allowing to conduct cultural dance show at ”Hotel Platinum Stars” should not be rejected and the public resort license should not be cancelled in view of the violation of license conditions and under Section 76(1) of the Madras City Police Act, 1888.

The petitioner submitted the explanation dated 02.12.2024.

4. On receipt of explanation and also considering the reports submitted by the Deputy Commissioner of Police dated 27.12.2024 and

31.12.2024, the petitioner’s license was cancelled by the order dated 23.01.2025. Pursuant to the cancellation of license, application submitted for renewal of license was also rejected by an order dated 17.02.2025.

5. The learned counsel for the petitioner submitted that the respondents harassed the petitioner and the petitioner was constrained to approach this Court in W.P.No.13073 of 2025 seeking direction to the respondents not to interfere with the peaceful conduct of cultural dance show under the license. This Court directed the respondents to pass appropriate orders after causing notice to the petitioners. Even without considering the explanation submitted by the petitioner, the first respondent cancelled the license issued to the petitioner. Already, this Court held that when the person commits breach of conditions of the license or commits other criminal offence like obscene dance, the licensing authority can only cancel the order or suspend the license. The licensing authority cannot refuse to renew license. In fact, as on the date of the order i.e., 21.03.2025, already period of license got expired on 31.12.2024. Therefore, the cancellation of license does not arise and as such the first respondent should not have rejected the application to renew the license of the petitioner to conduct Indian Cultural Dance.

6. He further submitted that the impugned order says that the petitioner failed to provide sufficient evidence to disprove the allegations as against the activities conducted in the hotel premises. The petitioner assured installation of CCTV Cameras. However, the petitioner had failed to provide CCTV records as evidence and the petitioner also informed that there is no back up of CCTV footages for the year 2024. It is not one of the conditions while granting license to the petitioner. That apart, CCTV footages cannot be stored for the entire year of 2024 and if any accident happens in a particular period, that alone can be provided. Further, the first respondent stated that there was a complaint from the general public and enquiry was also conducted and no such evidence was produced along with the enquiry report. No public lodged any complaint. Only because the petitioner approached this Court against the respondents 1 to 3, the petitioner was issued show cause notice and subsequently the license was cancelled.

7. A perusal of the counter filed by the respondents and also the submissions made by the learned Government Advocate (Crl.side) revealed that as directed by this Court in W.P.No.31498 of 2024, the petitioner was issued show cause notice dated 27.11.2024 on the basis of enquiry report submitted by the third respondent alleging that the obscene dance programmes were being conducted by the petitioner.

“ …..4. As per the direction of Hon’ble High Court Madras, the jurisdiction police officers had conducted a discreet enquiry and submit enquiry report as follows:

” The obscene Dance Programmes was being conducted by the petitioner were in intoxicated state, the female dancers are subjected to physical and sexual abuse and also the female dancer leaving after the dance show during late hours, they were being crowded by persons leaving Resto Bars, in drunken mood. The Vehicles of the persons attending dance programmes are parked in the road side without order and are scattered everywhere, which is causing severe disturbance to the public in the locality. The above dance club used speakers for playing music in the dance programmes were playing in volumes much above the permitted limit, which causes severe disturbance to the people of the nearby locality and many complaints were being received by the Beat Officer and the police Station. The activities of the dance club is disturbing the public tranquility and creates the law and order issue. As such the filed officer have requested the Public Resort License issued to the ”Hotel Platinum Stars”…..

8. On receipt of the same, the petitioner submitted explanation on 02.12.2024. In the mean time, the petitioner also submitted application for renewal of license on 23.12.2024. Based on the explanation submitted by the petitioner, the Deputy Commissioner of Police, Triplicane, Greater Chennai found that the petitioner failed to provide sufficient evidence to disprove the allegations made as against the petitioner’s activities conducted at Hotel Platinum Stars. Though the petitioner claimed that no violation of license condition has occurred, the petitioner also failed to provide any CCTV footages for any period to disprove the allegations levelled as against the petitioner.

9. Further, the respondents also produced photographs to show that in and around the petitioner’s premises, there are dumping of wastages. The petitioner’s premises is located in the ground floor. It is being run with the small board a Hotel Platinum Stars is not running any boarding and lodging in the hotel premises. The petitioner is conducting only dance programmes. It is not for the hotel customers. They are running the show from 06.45 P.M. to 08.15 P.M. and 08.30 P.M., to 10.30 P.M. Therefore, it is conclusively for dance programmes only and not for boarding and lodging purpose. The petitioner is also not running any restaurant. It clearly shows that the petitioner is running dance programme for specific immoral purpose and for specific customers. During discreet enquiry, the third respondent found that the petitioner is running the Dance Programme with female dancers who are crowded by intoxicated persons while leaving the venue after the dance show during late hours. The Vehicles of the persons attending the dance programme are parked on the road side without order and are scattered everywhere, which is causing severe disturbance to the public people in that locality. The above dance club uses speakers for playing music in the dance programme and the volume is much above the permitted limit, which causes severe disturbance to the people of the nearby locality and many complaints were being received by the Beat Officer and the police

Station.

10. That apart in the guise of cultural dance programme, the dancers are made to wear revealing clothing and are also made to dance in an obscene manner. Further the Counsel for the Petitioner himself in his arguments, submitted that the premises neither provide the service of restaurant/eat house nor the service of accommodation which proves that the Petitioner’s premise does not even come under the definition of “Hotel” and the premises is being run solely for immoral purposes. These are clear violations of license conditions and as such the petitioner was rightly issued show cause notice as contemplated under Section 76(1) of Madras City Police Act, 1988. Therefore, the first respondent has rightly cancelled the license due to the petitioner. In view of the cancellation, renewal of license does not arise, and as such,the application submitted by the petitioner for renewal of license was also rejected. This Court finds no illegality or infirmity in the order passed by the first respondent and the writ petition is devoid of merits and the impugned order is not liable to be quashed.

11. It is to be noted that there has been a significant increase in resto-bars, bars and pubs in Chennai that has bar dancing as a part of the functioning of those premises. This on one hand, has deteriorated the quality of lives and culture of the people especially youngsters, and on the other hand, it has brought to light, the uncertainties of the safety and security of women who are involved in such employments. Particularly, in Tamil Nadu there is no specific legislation or regulation, unlike the one in Maharashtra called “the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016”, that throws light on issues such as bar dancing and the detrimental effects that it brings to the livelihood of such dancers. The said Act was further redefined by the Hon’ble Supreme Court in the case of “Indian Hotel and Restaurant

Association and Others v. State of Maharashtra [(2019) 3 SCC 429].

12. It is pertinent to note, that Article 19 of the Indian Constitution protects such dancers and their profession and gives them the freedom to profess the same. Article 21 of the Indian Constitution safeguards their livelihood but in addition to it, there should be a separate legal framework that is to be adopted to protect the dignity of women dancers and to prevent heinous crimes such as human trafficking arising due to or therefrom employments such as these. Further the statute should device a special licensing and surveillance mechanism and impose strict and stringent fine or penalties for offences arising out of businesses such as hotels, bars, or resto-bars etc. that hosts such dance

shows. This shall ensure that the rights and interests of both the women employees/dancers and the customers are protected and safeguarded.

Further, until the current framework is in place,

• The licensing authority shall not grant license under the Madras City Police Act unless it is satisfied that,–

(a) the conditions prescribed by the licensing authority have been properly complied with by the applicant,

(b) adequate conditions of work and provisions for safety in respect of women employed in the hotel, restaurant or bar room as prescribed have been provided, and

(c) adequate precautions have been taken place, in respect of which the license is to be given, to provide for the safety of the persons visiting such place.

• CCTV cameras should be installed in the entry and exit and in other permissible spots in the premises and the CCTV cameras should properly function for the ease of inspection.

• Total ban on obscene dances shall be imposed and utmost dignity should be ensured to the dancers.

• The timings for serving Alcoholic beverages should be limited and regulated.

• The timings of opening and closing of such premises should be limited and regulated.

• Such premises should be opened only at a reasonable distance from educational or religious institutions.

• Touching the dancers, showering of currency notes and coins on the dancers and any other indecent activities should be strictly prohibited and such offences should be appropriately penalized.

• It should be made compulsory that there must be a written contract with the employees and wages are to be transferred to their bank accounts every month. Such contracts are to be deposited to the licensing authority.

13. Accordingly, this Writ Petition is dismissed. No costs.

Consequently, the connected miscellaneous petition is closed.

22.04.2025

Index : Yes/No

Neutral citation : Yes/No

Speaking/non-speaking order

G.K.ILANTHIRAIYAN, J.

1.Principal Secretary,

Government of Tamil Nadu.

2.Secretary,

Home Department,

Government of Tamil Nadu.