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Madras High CourtWP(MD)/31091/2023allowed

Nina Mohamed .J v. The District Collector

2023-12-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN J.Nina Mohamed ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Commissioner, Madurai Corporation, Madurai District.

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

4.The Inspector of Police, Mattuthavani Police Station, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 2 strictly implement the G.O(Ms)No.61, Labour Welfare 1/4

and Skill Development (K2) issued by the State Government of Tamil Nadu, dated 02.06.2022 and to permit the petitioner to run the Hotel for 24 hrs a day based on the petitioner's representation dated 20.10.2022 . For Petitioner : Mr.V.Kishore Kumar For Respondents : Mr.M.Siddharthan Additional Government Pleader for R.1 Mr.S.Vinayak for R.2 Mr.A.Albert James Government Advocate for R.3 & R.4

ORDER

Heard both sides.

2.The petitioner is running a hotel near K.K.Nagar Arch. The learned counsel appearing for the petitioner states that the establishment is being run in a private patta land. Request of the petitioner is that he should be allowed to run a hotel throughout the day and night. According to him, his business is being interfered with at the hands of the respondents. G.O(Ms)No.61 Labour Welfare and Skill Development (K2) dated 02.06.2022 permits establishments employing 10 or more persons to keep open the same for 24 x 7 on all days of the year. It is 2/4

stated that in the petitioner's hotel employing more than 20 persons. Since the case of the petitioner comes within the purview of the aforesaid Government Order, the respondents are restrained from interfering with the petitioner's running of the hotel.

3.This writ petition is allowed accordingly. There shall be no order as to costs.

22.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Madurai District.

2.The Commissioner, Madurai Corporation, Madurai District.

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

4.The Inspector of Police, Mattuthavani Police Station, Madurai.

3/4

G.R.SWAMINATHAN, J.

MGA 22.12.2023 4/4