Elumalai v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Elumalai ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to the Government, Home Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Tiruppur District, Tiruppur.

3.The Commissioner of Police, Tiruppur District, Tiruppur.

4.The Deputy Superintendent of Police, Dharapuram, Tiruppur District.

5.The Inspector of Police (Law and Order) KVR Nagar Police Station, Tiruppur District.

... Respondents 1/7

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, seeking writ of mandamus, to direct the 5th respondent to permit the petitioner to operate the bakery during night hours (between 10:00 PM to 5:00 AM).

For Petitioner : Mr. P.Saranath For Respondents: Mr. R.Vinothraja Government Advocate (Criminal Side)

O R D E R

This writ petition is filed seeking a direction to the 5th respondent to permit the petitioner to operate his bakery during night hours (between 10:00 PM to 5:00 AM)

2. The case of the petitioner is that he is running a bakery, namely, Velan Iyengar Sweets and Cake shop, at Aandipalayam, Tiruppur and another branch of the said shop at Aandipalayam Road, 2/7

Mangalam road. It is his further case that the bakery primarily caters to workers from the nearby textile units, night shift workers and therefore, he sought permission from the 5th respondent to operate the bakery situated at Aandipalayam Road, Mangalam Road, Tiruppur, during night hours i.e., from 10.00 p.m to 05.00 a.m.

3. The learned counsel for the petitioner would submit that the petitioner was not permitted to run his shop beyond 10.00 p.m since the 5th respondent police are insisting that he close the bakery by 10.00 p.m. He would further submit that the petitioner had given a representation dated 10.07.2025, which has not been considered till date. Therefore, he prayed that a direction may be issued to the 5th respondent to permit the petitioner to run his bakery between 10.00 p.m. to 05.00 a.m.

4. The learned Government Advocate (Criminal Side), submits that the Government had issued GO.(D). No.207, Labour Welfare and Skill Development (K2) Department, dated 08.05.2025, prescribing 3/7

certain conditions for running the shop for 24 x 7, on all days of the year and that if the petitioner's establishment complies with the conditions prescribed in the said GO, appropriate orders will be passed by the 5th respondent, within 4 weeks. Therefore, he would seek that the 5th respondent may be directed to dispose of the representation dated 10.07.2025, in accordance with the said GO.

5. Heard the learned counsel on either side and perused the records.

6. In view of the submission made by the learned Government Advocate (Criminal Side), a direction is issued to the 5th respondent to consider and pass order on the representation of the petitioner dated 10.07.2025, in the light of GO.(D). No.207, Labour Welfare and Skill Development (K2) Department, dated 08.05.2025, within a period of 4 weeks, from the date of receipt of a copy of this order. 4/7

7. With the above direction, this writ petition is disposed of. No costs.

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To 1.The State of Tamil Nadu, Rep. by its Secretary to the Government, Home Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Tiruppur District, Tiruppur.

3.The Commissioner of Police, Tiruppur District, Tiruppur.

4.The Deputy Superintendent of Police, Dharapuram, Tiruppur District.

5.The Inspector of Police (Law and Order) KVR Nagar Police Station, Tiruppur District.

6.The Public Prosecutor, Madras High Court.

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A.D.JAGADISH CHANDIRA , J.

kan 27.10.2025 7/7