K. Nagarajan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR K.Nagarajan ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari

2. The Inspector of Police Aralvoimozhi Police Station Kanyakumari ..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, directing the respondents not to interfere in the business of the petitioner tea stall namely N S Vaanga Makka Vaanga Situated in S.No.596/3B1 Four Lane Road Thovazhai Town, Kanyakumari District during night hours consider his representation dt 8.1.2025 in the light of G.O.Ms No.61 labour welfare and Skill Development (K2) dt 2.6.2022 For Petitioner : Ms.P.Malini For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 1/5

ORDER

The prayer sought for in the present writ petition is to direct the respondents not to interfere in the business of the petitioner tea stall namely N S Vaanga Makka Vaanga Situated in S.No.596/3B1 Four Lane Road Thovazhai Town, Kanyakumari District during night hours consider his representation dt 8.1.2025 in the light of G.O.Ms No.61 labour welfare and Skill Development (K2) dt 2.6.2022

2. The learned counsel for the petitioner would submit that the respondents are interfering with the business of the petitioner during late night hours. It is his contention that the Government of Tamilnadu has passed a G.O.Ms.No.61, Labour Welfare and Skill Development (Ks) dated 2 nd June 2022 wherein, it clearly mentioned that "permitting all shops and establishments to keep open for 24x7 on all days of the year extended for a period of three years with effect from 05.06.2022". Hence, he seeks for appropriate direction.

3. Heard the learned Additional Public Prosecutor appearing for the respondents and also perused the materials available on record. 2/5

4. Admittedly, the said G.O. has been passed by the Government of Tamilnadu permitting all shops and establishments to keep open for 24x7 on all days of the year subject to other conditions. When the Government itself has permitted to run the business for 24x7, the police cannot restrict the time on their own. Provided the shop keepers comply the conditions given in G.O.Ms.No.61 dated 02.06.2022

5. Accordingly, the respondents are directed not the interfere with the petitioner's business and they can interfere only in case of any law and order problem arose in the shop. The petitioner to satisfy the authorities that condition as per G.O.No.61 is fulfilled and followed.

6. With the above directions, this Writ Petition is disposed of. No costs.

22.01.2025 NCC :

Yes / No Index : Yes / No aav 3/5

To 1.The Superintendent of Police, Kanyakumari

2. The Inspector of Police Aralvoimozhi Police Station Kanyakumari 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR, J.

aav 22.01.2025 5/5