G.Renganathan v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2019
CORAM
THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.12503 of 2019 G.Renganathan ... Petitioner Vs.
1.The Commissioner of Police Greater Chennai Egmore, Chennai-8.
2.The Deputy Commissioner of Police Law & Order Adyar, Chennai-20.
3.The Inspector of Police (Law & Order) J5 Police Station Sasthri Nagar, Chennai-20.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from interfering the petitioner Hotel business activities at night hours till 02.00 a.m. at GURU MESS, No.10 TNHB Complex, L.B.Road, Adyar, Chennai-20.
For Petitioner :
Mr.M.S.Palaniswamy For Respondents:
Mr.E.Balamurugan Special Government Pleader
O R D E R
Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. This writ petition is filed seeking for a Mandamus, forbearing the respondents from interfering the petitioner Hotel business activities at night hours till 02.00 a.m. at GURU MESS, No.10 TNHB Complex, L.B.Road, Adyar, Chennai-20. 3.The case of the petitioner is as follows:- The petitioner is the Proprietor of Hotel Vasantha Bhavan situated at Door No.10, Dr.Muthulakshmi Street, Adyar, Chennai - 20 and Pot Luck at Door No.10, TNHB Complex, L.B.Road, Adyar, Chennai 20, for the past 10 years and everyday, it is
opening at 06.00 a.m. and closing at 02.00 a.m. on the next day morning. The petitioner had obtained necessary permission from the Revenue Department, Greater Chennai Corporation, District Fire and Rescue Service Department, Chennai, Government of Tamil Nadu Food Safety and Drugs Administration Department and also Labour Department to run the said Hotel and hence, the respondent-Police have no right or authority to interfere with their lawful business. However, the respondents-Police entered into the petitioner's hotel premises and cautioned him that severe action will be taken against him for keeping the Hotel open after 10.00 p.m. On 20.01.2019 and 09.02.2019, the respondents-Police had forcibly taken the manager and the servants of the hotel to the police station and insisted not to open the hotel after 10.00 p.m.
and then, they were let off. Feeling aggrieved by the same, the petitioner filed a writ petition in WP.No.6636 of 2019 and the said writ petition was disposed of on 14.03.2019 with a direction to the respondents not to interfere with the petitioner's Hotel business activities at Hotel Vasantha Bhavan, No.10, Dr.Muthulakshmi Street, Adyar, Chennai-20 and POT LUCK No.10, TNHB Complex, L.B.Road, Adyar, Chennai-20. It is stated by the petitioner that on 08.04.2019, he has changed the name of his Hotel from POT LUCK to GURU MESS. Now, the grievance of the petitioner is that the respondents are not allowing to run the Hotel GURU MESS after 11.00 p.m., since the order passed by this Court in WP.No.6636 of 2019 is only in respect of POT LUCK and not in respect of GURU MESS.
Hence, the petitioner is before this Court seeking for the relief as stated supra.
4. The learned counsel for the petitioner after inviting this Court's attention to an order passed by the Division Bench in W.A.(MD) No.547 of 2017 dated 01.09.2017 followed by the Writ Court in W.P.(MD) No.18787 of 2017 dated 02.03.2018, submitted that the respondents are not entitled to prevent the petitioner from running the hotel business during night hours in the absence of any rules framed to that effect.
5. The order of the Division Bench made in W.A.(MD) No.547 of 2017 dated 01.09.2017 reads as follows: Writ Petition, W.P(MD)No.11410 of 2016 was filed seeking a direction to the respondent therein, to permit the Writ Petitioner to carry on his business during late night hours. The learned Single Judge by taking into account, the undertaking given by the respondent/Writ Petitioner accordingly, allowed the writ petition. Challenging the same the present appeal is filed.
2. The learned Government Pleader appearing for the appellants would submit that the running of the hotel by the respondent
causes law and order problem. It is not as if entire business is stopped, but it is only regulated between 12.00 midnight to 4.00 a.m. It is also submitted that as per section 69 of the Madras City Police Act, 1888, the Commissioner of Police, Madurai City, can regulate it by way of rules.
3. The learned counsel appearing for the respondent/writ petitioner would submit that in the absence of any rule, by such exercise of power under Section 39 of the Madras City Police Act, 1888, it is not open to the appellants to stop the respondent from doing his lawful business.
4. As long as power is available to the Commissioner of Police, Madurai City, the same can be exercised as per law. However, in the absence of any rule, which can be brought forth by exercising power under Section 39 of the Madras City Police Act, 1888, running of business cannot be curtailed.
5. Accordingly, the writ appeal stands disposed of by giving liberty to the appellant to frame any rules, by exercising the power under Section 39 of the Madras City Police Act, 1988. It is made clear that till such rule is brought forth, the activity of the respondent/writ petitioner, as recorded by the learned single Judge, cannot be curtailed. No costs. Consequently, connected Miscellaneous Petitions are closed.
6. Perusal of the above said order would show that the police is not entitled to curtail the business hours, unless specific rule is framed by exercising the power under Section 39 of the Madras City Police Act, 1888.
7. The learned Special Government Pleader is not placing any rule framed to that effect, so far. Therefore, this Court is of the view that the respondents are not entitled to prevent the petitioner from running the hotel business during night hours, unless there is any other legal impediment against the petitioner to run such business.
8. Accordingly, this Writ Petition is allowed and the respondents are directed not to interfere with the petitioner's hotel business activities at GURU MESS, No.10 TNHB Complex, L.B.Road, Adyar, Chennai-20, merely, because the petitioner is running the said hotel during night hours as well. It is made clear that if the respondents come across any other reason against the petitioner in running such
business which is found to be unlawful, it is open to them to take action in the manner known to law. No costs. Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Commissioner of Police Greater Chennai Egmore, Chennai-8.
2.The Deputy Commissioner of Police Law & Order Adyar, Chennai-20.
3.The Inspector of Police (Law & Order) J5 Police Station Sasthri Nagar, Chennai-20.
+1 CC to Mr.M.S.Palaniswamy Advocate SR.NO.41222 +1 CC to Government Pleader SR.NO.40315 W.P.No.12503 of 2019 CO(SVI) VC (12/06/2019)