A.Muthukutty v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR A.Muthukutty ... Petitioner Vs.
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Deputy Superintendent of Police Valliyoor, Tirunelveli District.
3.The Inspector of Police, Tisaiyanvilai Police Station, Tirunelveli District.
..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, directing the respondents to permit the petitioner to open his bakery namely Sneha's Bakery and Sweets situated at 6/237, Shop No.14 & 15, Tisaiyanvillai Main Road, Mannarpuram Junction, Nanguneri Block, Tirunelveli District during night hours by considering petitioner's representation dated 02.09.2024. 1/5
For Petitioner : Mr.R.Aravindraj For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
ORDER
The prayer sought for in the present writ petition is to direct the the respondents to permit the petitioner to open his bakery namely Sneha's Bakery and Sweets situated at 6/237, Shop No.14 & 15, Tisaiyanvillai Main Road, Mannarpuram Junction, Nanguneri Block, Tirunelveli District during night hours by considering petitioner's representation dated 02.09.2024.
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.
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3. Heard the learned Additional Public Prosecutor appearing for the respondents and also perused the materials available on record.
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.
19.11.2024 NCC : Yes / No Index : Yes / No Rmk 3/5
To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Deputy Superintendent of Police Valliyoor, Tirunelveli District.
3.The Inspector of Police, Tisaiyanvilai Police Station, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.NIRMAL KUMAR, J.
Rmk 19.11.2024 5/5