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Madras High CourtWP Crl./1432/2025disposed of

Esther Rajathi v. The Commissioner Of Police,

2025-11-27Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.(Crl.)No.1432 of 2025 Esther Rajathi ... Petitioner Vs.

1.

The Commissioner of Police, Avadi.

The Assistant Commissioner of Police, SRMC, Iyyapanthangal, Chennai.

The Inspector of Police, SRMC Police Station, Iyyapanthangal, Chennai.

... Respondents PRAYER: Writ Petition (Criminal) is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or direction in the nature of writ, to direct the respondents not to interfere with the running of the petitioner's eatery namely "Hotel Porur Corner" located at Floor No.1167, Poonamallee High Road, Koyambedu, Chennai - 600 107, during late night hours, by considering the represenation dated 18.10.2025. For Petitioner : Mr.M.Mohamed Riyas For Respondents : Mr.K.M.D.Muhilan Additional Public Prosecutor 1/5

O R D E R

The present Writ Petition (Criminal) has been filed seeking a direction to the respondents not to interfere with the running of the petitioner's restaurant.

Learned counsel appearing for the petitioner submitted that the petitioner is running a restaurant in the name and style of "Hotel Porur Corner" at Floor No.1167, Poonamallee High Road, Koyambedu, Chennai - 600 107, after obtaining the necessary license and that 10 employees are working in her shop. However, the respondent Police are insisting the petitioner to close her shop by 10.30 p.m. He further submitted that the passengers traveling on the highways visit the petitioner's shop during night hours to avail refreshments. He also submitted that the petitioner has also sent a representation dated 18.10.2025 to the respondents seeking permission to keep her shop open 24x7. Since no action has been taken by the respondents, the present petition has been filed. In support of his contention, the learned counsel for the petitioner brought to the notice of this Court G.O.(D).No.207, Labour Welfare and Skill Development (K2) Department, dated 08.05.2025, wherein, it is stated that all shops and establishments employing 10 or more 2/5

persons are permitted to remain open 24x7 on all days of the year for a period of three years with effect from 05.06.2025 subject to certain guidelines. Hence, he prayed for a direction to the respondents not to interfere with the petitioner's business.

4.

Learned Additional Public Prosecutor submitted that the said Government Order permits shops to remain open 24x7 subject to certain conditions. Therefore, if the petitioner complies with all the stipulated conditions, the respondents will not interfere with her business. 5.

Having heard the learned counsel appearing on either side and upon perusal of the materials available on record, including G.O. (D).No.207, Labour Welfare and Skill Development (K2) Department, dated 08.05.2025, this Court directs the respondent Police to consider the petitioner's representation dated 18.10.2025 seeking permission to run her shop 24x7, provided the petitioner complies with the guidelines stipulated in the said Government Order. The respondent Police are further directed not to interfere with the petitioner's business, except in the event of any law and order issue arising therefrom, which may warrant initiation of criminal proceedings.

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6.

With the above directions, this Writ Petition (Criminal) stands disposed of. No costs.

27.11.2025 ham To 1.

The Commissioner of Police, Avadi, The Assistant Commissioner of Police, SRMC, Iyyapanthangal, Chennai.

The Inspector of Police, SRMC Police Station, Iyyapanthangal, Chennai..

4.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

ham 27.11.2025 5/5