K.T. Sankaran, J.

The question involved in this Writ Petition is whether a Sub Inspector of Police can issue an order directing the owner of a hotel to close down the hotel after 11 p.m. on the ground that anti social elements used to go to the hotel during night and also on the ground that traffic block would occur as a result of parking of container lorries and goods vehicles near the hotel premises.

2. The petitioner is running Sree Bhadra Hotel at Sakthikulangara. He has got the necessary licences, registration and certificates from the authorities to run the hotel. Ext.P1 Health Card and the licence issued by the Corporation of Kollam and the identity card issued by the Food, Safety and Standards Authority of India would show that he is entitled to run the hotel. The hotel has no lodging facility. In the area where the hotel is situated, fishing operations take place during day and night. It is stated that there are three or four petrol bunks and more than four hotels in the locality. Two workshops are situated nearby. It is stated that even during midnight, business activities are going on in the place. Boats will be taken to sea during midnight and early morning for fishing. Sakthikulangara police station is situated about 150 metres away from the hotel in question. The petitioner resides with his family near to the said hotel. The hotel works during 24 hours a day. Business also takes place during these hours.

3. While so, the first respondent (Sub Inspector of Police, Sakthikulangara Police Station) issued Ext.P5 order, that too without hearing the petitioner, directing the petitioner to close down the hotel after 11 p.m. It is stated in Ext.P5 that the premises of the hotel have become the centre of activities by the anti social elements. It is stated that several warnings were given to the petitioner, he ignored the same. Hassles used to take place in the hotel premises. Due to the parking of huge container lorries and trucks, even traffic block used to occur. On these grounds, the petitioner was directed to close down the hotel after 11 p.m.

4. The main grounds taken by the petitioner in the Writ Petition are that (1) Ext.P5 order is arbitrary, discriminatory and without jurisdiction; (2) the petitioner was not afforded an opportunity of being heard before passing Ext.P5 order and thus Ext.P5 order is violative of the principles of natural justice; and (3) the fundamental right of the petitioner under Article 19(1)(g) has been infringed as a result of Ext.P5 order.

5. The reliefs prayed for by the petitioner are to issue a writ of certiorari to quash Ext.P5 order and to issue a writ of mandamus directing the first respondent not to harass the petitioner or not to interfere with his business.

6. The first respondent, in his counter affidavit stated, inter alia, the following: On the basis of the information that attempts for thefts and thefts are rampant in Sakthikulangara, Kavanadu and nearby areas, instructions were being given that shops and markets should not be opened and functioned from 11 p.m. to 4 a.m. Theft was reported from some textile shops, bakery etc. Thieves and anti social elements camped near Kavanadu junction during midnight and "unfavourable hours in the night". Notorious thief, namely, Navayikulam Deepu, who is involved in a crime registered at Sakthikulangara police station, has made a visit to Sree Bhadra Hotel on 23.3.2016. Deepu and Santhosh were arrested. Clashes occurred at Sree Bhadra Hotel and crimes were registered. Road blocks used to occur due to unfair parking of vehicles when the drivers and other workers visited the hotel during night hours. To check these activities, Ext.P5 order was issued. Only to prevent anti social elements during night at Kavanadu junction, action was taken by the police. The petitioner was never harassed by the police.

7. Ext.P1 Health Card, which contains several conditions for running the hotel, does not provide that the hotel shall not function after 11