The Madras High Court recently comprising of a bench of Justice N Satish Kumar while dealing with a writ petition filed under Article 226 of Constitution observed that if the govt. itself permitted businesses to run 24x7, police cannot restrict the time on their own. (M Raja v. Superintendent of Police)
The bench remarked, “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”
Facts of the case
This Writ Petition was filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the respondents not to interfere with running of petitioner's eatery namely “Sri Mahalakshmi Iyyangar Cake Shop” during late night hours, by considering the representation dated 09.06.2022.
Contention of the Parties
The learned counsel for the petitioner submitted that the respondents are interfering with the business of the petitioner during late night hours. It was his contention that the Government of Tamilnadu has passed a G.O.Ms.No.61, Labour Welfare and Skill Development (Ks) dated 2nd 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.
Courts observation & Judgment
The bench taking note of the submission of the parties and perusing the materials available on record remarked, “Admittedly, the said G.O. has been passed by the Government of Tamil nadu 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.”
The bench disposing of the writ petition remarked, “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. With the above directions, this Writ Petition is disposed of.”
Read Judgment @Latestlaws.com
Picture Source :
