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Madras High CourtWP Crl.(MD)/2253/2025disposed of

Senthilkumar v. The State Of Tamilnadu

2025-11-26Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Senthilkumar ... Petitioner vs.

1.The State of Tamilnadu, Represented by the Superintendent of Police, Tiruchirappalli, Tiruchirappali District.

2.State of Tamilnadu, Represented by the Inspector of Police, Manapparai Police Station, Tiruchirappalli District.

... Respondents PRAYER: Writ Petition Criminal is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents herein not to interfere in the peaceful running Kurunji Hotel at Dindigul Road, opposite Periyar Statue, Manapparai, Tiruchirappalli District for 24 X 7 on all days of the years under G.O.Ms.No.61 dated 02.06.2022 and consider the petitioner's representation, dated 18.11.2025.

For Petitioner : Mr.S.Pugalendhi For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

The petitioner seeks a direction to the respondents herein not to interfere in the peaceful running of Kurunji Hotel at Dindigul Road, opposite Periyar Statue, Manapparai, Tiruchirappalli District for 24 X 7 on all days of the years under G.O.Ms.No.61 dated 02.06.2022 and consider the petitioner's representation, dated 18.11.2025.

2. The learned counsel for the petitioner would submit that the State Government has passed an order in G.O.Ms.No.61, Labour Welfare and Skill Development (K2) Department, dated 2nd June 2022, exempting all shops and establishments employing 10 or more persons, from the provisions of Sub-section (1) of Section 7 and Sub-section (1) of Section 13 of the Tamil Nadu Shops and Establishments Act, 1947. Hence, the respondents have no jurisdiction to prevent the petitioner from opening the hotel 24 X 7 on all days.

3. The learned Additional Public Prosecutor, on instructions, would submit that unless the conditions stipulated in the above Government Order is satisfied, the petitioner would have no right to keep the hotel open 24 X 7 on all days.

4. Admittedly, the Government has passed an order in G.O.Ms.No. 61, permitting shops employing 10 or more persons to be open 24 X 7 on all days. If the petitioner complies with the conditions imposed in the said Government Order, the respondents would have no jurisdiction to interfere with the said hotel. However, if the respondents find that the petitioner does not satisfy the conditions, they shall communicate a written order to the petitioner giving reasons as to why the petitioner would not come within the purview of the said G.O. If the petitioner is thereafter aggrieved by any such communication, he can challenge the same. Till then, the respondents shall not interfere with the petitioner's business.

5. With the above observations, this Writ Petition stands disposed of. There shall be no order as to costs.

26.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No Indu To 1.The Superintendent of Police, Tiruchirappalli, Tiruchirappali District.

2.The Inspector of Police, Manapparai Police Station, Tiruchirappalli District.

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

SUNDER MOHAN ., J.

Indu 26.11.2025