John Bosco v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL John Bosco ... Petitioner Vs

1. The Commissioner of Police, Trichy City, Trichy.

2. The Superintendent of Police, Trichy District, Trichy.

3. The Inspector of Police, Kottai Police Station, Trichy District, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing forbearing the respondents herein from interfering with the petitioner's street vending eatery business at St.Joseph College Road, Sathiram Bus Stand, Trichy during late hours based on the G.O.Ms.No.60 of 2019 dated 28.05.2019 and the extension of G.O.Ms.No.61 of 2022 dated 2.6.2022 issued by the Government of Tamil Nadu labour and employment (K2) Department for permitting the establishment to keep 1/5

the shops open from 24X7 all days of the years and by considering the petitioners representation dated 02.01.2025.

For Petitioner : Mr.D. Anbarasu, For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed directing to forbear the respondents from interfering with the petitioner's street vending eatery business at St.Joseph College Road, Sathiram Bus Stand, Trichy during late hours based on the G.O.Ms.No.60 of 2019 dated 28.05.2019 and the extension of G.O.Ms.No.61 of 2022 dated 2.6.2022 issued by the Government of Tamil Nadu Labour and Employment (K2) Department for permitting the establishment to keep the shops open from 24X7 all days of the year, by considering the petitioner's representation dated 02.01.2025.

2.Heard the learned counsel on either side and perused the materials available on record.

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3.According to the petitioner, as per the aforesaid Government Orders, they are permitted to open the shops 24X7 on all days of the year, but the respondent police insisted the petitioner to close the shop after 12.00p.m., on every day. Hence, this petition has been filed.

4.The learned Government Advocate (Crl.Side) appearing for the respondents would submit that they have not insisted the petitioner to close the shop after 12.00p.m. They had also issued a proceedings in this regard to the petitioner. 5.Since the respondent police has denied the allegations levelled by the petitioner and also issued a proceedings to the petitioner that they have not insisted the petitioner to close the shop after 12.00 p.m., this Writ Petition stands closed by recording the submission of the learned Government Advocate (Crl.Side).

17.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM 3/5

To

1. The Commissioner of Police, Trichy City, Trichy.

2. The Superintendent of Police, Trichy District, Trichy.

3. The Inspector of Police, Kottai Police Station, Trichy District, Trichy.

... Respondents 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL , J.

PNM 17.02.2025 5/5