M/S. John Bosco Recreation Club v. Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and WMP.No.12623 of 2025 M/s.John Bosco Recreation Club Rep by its Secretary, P.Kamalakannan New No.73, AG Block(3rd and 4th Floor) 4th Avenue, 7th Main Road, Shanthi Colony, Anna Nagar, Chennai-600 040.

... Petitioner Vs.

1. Director General of Police, Office of the Director General of Police, Tamilnadu, Chennai.

2. The Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai-600 007.

3. The Inspector of Police, K-4, Anna Nagar Police Station, Anna Nagar, Chennai-600 040. ... Respondents 1/6

Prayer : The Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 2 and 3 not to interfere with the day to day business activities of the petitioner running under the name and style of John Bosco Recreation Club in premises bearing New No.73, AG Block (3rd and 4th Floor) 4th Avenue, 7th Main Road, Shanthi Colony, Anna Nagar, Chennai 600 040. For Petitioner : Mr.A.Saravanan For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 to R3

O R D E R

This petition has been filed by the petitioner seeking a direction to the respondents 2 and 3 not to interfere with the day to day business activities of the petitioner running under the name and style of John Bosco Recreation Club in premises bearing New No.73, AG Block (3rd and 4th Floor) 4th Avenue, 7th Main Road, Shanthi Colony, Anna Nagar, Chennai 600 040.

2. The learned counsel for the petitioner submitted that the petitioner is running a Restaurant and Bar under two licence. Though the 2/6

petitioner is restricted to serve alcoholic beverages only till 11.00p.m. For running the restaurant through night, there is absolutely no restrictions. However, the third respondent inspected the petitioner's Restaurant and interfered with the peaceful running of the business.

3. The learned Government Advocate (Crl.Side) appearing for the respondents police on getting instructions from the Investigating Officer submitted that the respondents police went to the petitioner's Restaurant only to verify the timings in-respect-of running the bar.

4. At this juncture, the learned counsel appearing for the petitioner requested that this Court may direct the third respondent not to interfere with the business activities. Further, the learned counsel submitted that the respondents have no authority or power to dictate the opening and closing timings of the Eatery/Hotels/Restaurants either orally or through written instructions.

5. Heard the learned counsel for the petitioner as well as the 3/6

learned Government Advocate (Crl.Side) and perused the materials available on record.

6. In view of the above, the respondents are directed not to interfere with the business activities of the petitioner. It is also made clear that if the petitioner violates the conditional order to run the bar while serving liquor after 11.00p.m., the respondents shall take proper action as against the petitioner in the manner known to law.

7. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 03.04.2025 Vv To

1. Director General of Police, 4/6

Office of the Director General of Police, Tamilnadu, Chennai.

2. The Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai-600 007.

3. The Inspector of Police, K-4, Anna Nagar Police Station, Anna Nagar, Chennai-600 040.

G.K.ILANTHIRAIYAN, J.

Vv 5/6

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