S.Gunaraja v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN Writ Petition No.2849 of 2017 S.Gunaraja ... Petitioner vs.

1.The Commissioner of Police, Greater Chennai, Commissioner Office Building, E.V.K.Sampath Road, Vepery, Chennai 600 007.

2.The Joint Commissioner of Police, Chennai East, Pantheon Road, Egmore, Chennai 600 008.

3.The Deputy Commissioner of Police, Kilpauk Circle, Poonamallee High Road, Kilpauk, Chennai 600 010.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the first respondent herein to consider and pass orders on the petitioner's representation dated 17.12.2016. For Petitioner : Mr.T.Murugamanickam For Respondents : Mr.S.Rajeswaran, Special Government Pleader

O R D E R

The petitioner has come up with this Writ Petition seeking a direction to the 1st respondent herein to consider and pass orders on his representation dated 17.12.2016. 2.

According to the petitioner, he is the Proprietor of Jai Sri Vaishnavaas Thattu Idly, a Pure Vegetarian Eatery functioning at No.4/7, Ormes Road, Kilpauk, Chennai 600 010. He

has employed around 25 people in this eatery and its normal working hours are from 2.00 p.m. till midnight. It is his case that his entire business takes place around midnight with maximum number of customers for dinner and he does not run his eatery in the morning. The petitioner's grievance is that for the past eight months, he had been forced to close his shop at 10.30 p.m. every night by the subordinates of the 3rd respondent and that they do not permit him to run the eatery beyond 10.30 p.m. In this regard, the petitioner had sent a representation to the respondents on 29.11.2016 and a further one on 17.12.2016, requesting them to consider his grievance and permit him to run his eatery till 1.30 a.m daily. Since the petitioner was not permitted to run his eatery beyond 10.30 p.m., he is before this Court.

3.

Heard the learned counsel on either side and perused the material documents available on record.

4.

When the matter is taken up for hearing, learned Special Government Pleader, producing a copy of the proceedings of the Inspector of Police, G3, Kilpauk Police Station, Chennai - 10, submitted that the petitioner's request to permit him to run the eatery till 1.30 p.m. is rejected and that the said order is said to have been dispatched to him, today. 5.

Hence, recording the said submission of the learned Special Government Pleader, this Writ Petition is dismissed. No costs. However, the petitioner is at liberty to challenge the said order.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To 1.The Commissioner of Police, Greater Chennai, Commissioner Office Building, E.V.K.Sampath Road, Vepery, Chennai 600 007.

2.The Joint Commissioner of Police, Chennai East, Pantheon Road, Egmore, Chennai 600 008.

3.The Deputy Commissioner of Police,

Kilpauk Circle, Poonamallee High Road, Kilpauk, Chennai 600 010.

+1cc to Govt. Pleader NO. 7796 dated 07/02/2017 W.P.No.2849 of 2017 AD(CO) VR(20/02/2017)