A.Vijayakumar vs. The Superintendent Of Police

Held

The Court disposed of the writ petition based on the submissions made by both parties. The petitioner was directed to file an affidavit before the respondents, stating his commitment to comply with all conditions related to the operation of his eatery during late night hours. The respondents were consequently directed to consider this affidavit and take an appropriate decision. The Court did not delve into the merits of whether the police interference was initially justified or not, but rather facilitated a resolution through an undertaking from the petitioner and a promise of consideration from the respondents. The principle derived is that compliance with conditions, especially in sensitive locations like national highways, is paramount for businesses seeking extended operating hours, and the authorities are expected to consider such compliance.

Facts

The petitioner, A. Vijayakumar, operates an eatery named “Kuttapa Sweets and bakery” in Tenkasi District. The petitioner sought a writ of mandamus to prevent the respondent police authorities from interfering with the operation of his business during late night hours. The petitioner stated that he pays GST and other taxes properly and that the Government, through G.O.Ms.No.61, Labour Welfare and Skill Development dated 02.06.2022, permitted all shop and establishments to remain open 24 hours. Despite this, the police were interfering with his business. The petitioner relied on a previous High Court decision in W.P.(MD)No.2360 of 2025 dated 29.01.2025. The respondents, represented by the Additional Public Prosecutor, submitted that the shop's location on the national highway could lead to law and order issues if opened late. They stated that if the petitioner filed an affidavit agreeing to comply with all conditions, they would make an appropriate decision.

Key Issues

1. Whether the police authorities are legally justified in interfering with the operation of the petitioner's eatery during late night hours, despite the Government permitting 24-hour operation for shops and establishments under G.O.Ms.No.61, Labour Welfare and Skill Development dated 02.06.2022. Petitioner's Contention: The petitioner argued that the Government order permits 24-hour operation and that he is compliant with tax obligations, including GST. He relied on a previous High Court judgment (W.P.(MD)No.2360 of 2025) to support his claim. The police interference is therefore unwarranted. Respondents' Contention: The respondents argued that the petitioner's shop is situated on a national highway, and its late-night operation could potentially create law and order problems. They indicated a willingness to consider the petitioner's request if he provided an undertaking to comply with all stipulated conditions.