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Madras High CourtWP Crl.(MD)/852/2025disposed of

Ramesh @ Rajith Balaji v. The Superintendent Of Police

2025-08-06Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD) No.852 of 2025 and W.M.P.Crl(MD) No.230 of 2025 Ramesh @ Rajith Balaji ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, Sivakasi Town, Sivakasi, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondents to grant permission to the petitioner tea shop, situated in Shop No.3 - Sivakasi Bus Stand Complex in the name and style of Kurunji Coffee Bar during late night hours (24x7) in the light G.O(MS) No.61, Labour Welfare and Skill development (K2), dated 26.06.2022 and G.O(D) No.207/2025 dated 08.05.2025 by considering the petitioner's representation dated 11.06.2025 and within the time frame has fixed by this Court. 1/6

For Petitioner : Mr.E.Mareeskumar For Respondents : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side).

ORDER

The petitioner has approached this Court seeking permission for his tea shop, situated in Shop No.3, Sivakasi Bus Stand Complex in the name and style of Kurunji Coffee Bar during late night hours (24x7) in the light G.O(MS) No.61, Labour Welfare and Skill development (K2), dated 26.06.2022 and G.O(D) No.207/2025 dated 08.05.2025

2. The petitioner is running a Coffee bar in Sivakasi Bus Stand Complex and has filed this application stating that the respondent Police is harassing the petitioner and not permitting to run the shop as directed by the Government in G.O(MS) No.61, Labour Welfare and Skill development (K2), dated 26.06.2022 and G.O(D) No.207/2025 dated 08.05.2025.

3. The learned counsel for the petitioner, by referring to G.O.(D) No. 207/2025, Labour Welfare and Skill Development (K2) Department, dated 08.05.2025, would submit that the Government of Tamil Nadu, by a 2/6

notification issued under Section 6 of the Tamil Nadu Shops and Establishments Act, 1947, has exempted all shops and establishments to remain open 24/7 on all days of the year for a period of three years with effect from 05.06.2025. The petitioner claims that he is running his shop in accordance with the said G.O.(D) No.207/2025, dated 08.05.2025. However, the respondent Police are unnecessarily harassing the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the petitioner has not complied with Condition Nos.4, 6 and 8 of G.O.(D) No.207/2025, Labour Welfare and Skill Development (K2) Department, dated 08.05.2025, and therefore, the same has been reported to the Labour Welfare and Skill Development Department. It is further submitted that the respondent Police have not harassed the petitioner. The condition Nos.4, 6 and 8 are extracted hereunder:

4) An employer shall not require or allow any person employed to work therein for more than eight hours in any day and forty eight hourse in any week and the period of work including over time shall not exceed ten and a half hours in any day and fifty seven hours in a week.

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6) Women employees shall not be required to work beyond 8.00 p.m., on any day in normal circumstances. Provided the employer after obtaining written consent of the women employees may allow them to work between 8.00 p.m. and 6.00 a.m., subject to providing adequate protection of their dignity, honour and safety.

8) The employees shall be provided with restroom, wash room, safety lockers and other basic amenities.

5. It is for the Labour Welfare and Skill Development Department to monitor compliance with G.O.(D) No.207/2025, Labour Welfare and Skill Development (K2) Department, dated 08.05.2025, and the same does not fall within the purview of the respondent Police. In the event the respondent Police find that any of the conditions stipulated therein has not been complied with, it is for them to report the same to the Labour Welfare and Skill Development Department. The respondent Police are not expected to interfere in the matter beyond such reporting.

6. With the above directions, this Writ Petition Criminal is disposed 4/6

of. Consequently, connected Miscellaneous Petition is closed. No costs. 06.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, Sivakasi Town, Sivakasi, Virudhunagar District.

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

B.PUGALENDHI, J.

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Indu 06.08.2025 6/6