Madras High CourtWP(MD)/19770/2022allowed

Sivaraja.R v. The District Collector

2022-08-25Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.19770 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.19770 of 2022 R.Sivaraja ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Commissioner, Madurai Corporation, Tuticorin.

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

4. The Inspector of Police, Anna Nagar police station (L&O), Madurai.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 3 to strictly implement G.O.Ms.No.61, Labour Welfare and Skill Development (K2), dated 02.06.2022 and to permit the petitioner to run his milk vending shop for 24 hours a day by considering his representation dated 17.08.2022 and pass appropriate orders on merits and in accordance with law within a period that may be stipulated by this Court.

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2 W.P.(MD)NO.19770 OF 2022 For Petitioner : Mr.T.Palanisamy For R-1,R-3 & R-4 : Mr.M.Prakash, Additional Government Pleader.

For R-2 : Mr.K.K.Kannan, Standing Counsel.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner is running the petition mentioned Milk shop at 5D/2, Vinayagar Nagar, K.K.Nagar, Zone-2, Madurai. He is employing more than 20 persons in the said shop. The grievance of the petitioner is that he should be allowed to run the shop throughout the day. He alleges that the respondents are interfering with the functioning of the shop.

3. G.O.Ms.No.61, Labour Welfare and Skill Development (K2) Department, dated 02.06.2022 permits such establishments employing ten or more persons to keep 2/4

3 W.P.(MD)NO.19770 OF 2022 open for 24 x 7 on all days of the year. Since the case of the petitioner comes within the purview of the aforesaid Government Order, the respondents are restrained from interfering with the running of the petitioner's petition mentioned shop throughout the day.

4. The writ petition stands allowed. No costs. 25.08.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Madurai District, Madurai.

2. The Commissioner, Madurai Corporation, Tuticorin.

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

4. The Inspector of Police, Anna Nagar police station (L&O), Madurai.

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4 W.P.(MD)NO.19770 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.19770 of 2022 25.08.2022 4/4