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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
M. Raja - Appellant
Versus
Superintendent of Police Salem & Others - Respondent
W.P. No. 19230 of 2022
Decided On : 28-07-2022
24x7 Business Operations - Government Permission - The court directed the respondents not to interfere with the petitioner's business during late night hours, citing the government order permitting all shops and establishments to operate 24x7.
Fact of the Case:
The petitioner sought a writ to prevent interference with their eatery's late-night operations, citing a government order allowing 24x7 business operations.
Finding of the Court:
The court found that the government order permitted 24x7 business operations and directed the respondents not to interfere unless there was a law and order issue.
Issues: Interference with late-night business operations, interpretation of government order on 24x7 operations.
Ratio Decidendi: The court's decision was influenced by the government order permitting 24x7 operations, stating that the police cannot restrict business hours when the government has allowed 24x7 operations.
Final Decision: The court directed the respondents not to interfere with the petitioner's business during late night hours, except in the case of a law and order problem.
JUDGMENT
(Prayer: This Writ Petition 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” located at Kovai to Salem By Pass Road, near Vaikuntham Toll Plaza, Sankagiri Taluk, Salem District-638006 during late night hours, by considering the representation dated 09.06.2022.)
This Writ Petition has been filed seeking to direct the respondents not to interfere in the business of petitioner's eatery namely “Sri Mahalakshmi Iyyangar Cake Shop” located at Kovai to Salem Bypass Road, near Vaikuntham Toll Plaza, Sankagiri Taluk, Salem District-638006 during late night hours, by considering the representation dated 09.06.2022.
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 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.
3. Heard the learned Government Advocate (Crl. Side) 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.
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.
6. With the above directions, this Writ Petition is disposed of.
Government order permitting 24x7 business operations prevails over police restrictions.
State authorities are mandated to consider applications for 24x7 shop operations in accordance with existing government policies permitting such business hours, provided conditions are met.
The police cannot impose restrictions on the operating hours of convenience stores, which are permitted to operate 24x7 under the Maharashtra Shops and Establishments Act, 2017.
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