S. GUNARAJA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner, seeking for issuance of a Writ of Certiorarified Mandamus to quash the order dated Nil on the file of the 2nd respondent herein and consequentially, forbear the respondents herein from interfering with the petitioner's running of his eatery, by name "Jai Sri Vaishnavaas Fast Food", functioning at Door Nos.1 and 4/7, Ormes Road, Kilpauk, Chennai - 600 010, during late night hours.

(2.) It is the case of the petitioner that he has been carrying on business as a Sole Proprietor under the name and style "Jai Sri Vaishnavaas Fast Food", which is a pure vegetarian eatery functioning at Door Nos.1 and 4/7, Ormes Road, Kilpauk, Chennai - 600 010, for the past 11 years. While so, the grievance of the petitioner is that for the past two years, the petitioner was forced to close his eatery shop by 10.30 p.m. every night by subordinates of the second respondent and they do not permit the petitioner to run his eatery beyond 10.30 p.m.

(3.) According to the petitioner, the said eatery shop is his only source of income and maximum customers used to visit his shop only during the mid night hours. Therefore, the act of the respondents in insisting the petitioner to close the shop by 10.30 p.m. causes great inconvenience to him and also to many customers, who regularly come to his shop for dinner from various quarters of life. In this regard, the petitioner made a representation, dtd. 19/2/2016 to the first respondent to consider the same and permit him to run the eatery till 1.30 a.m. every day. Since the respondents did not take any action, the petitioner has filed a Writ Petition in W.P.No.2849 of 2017 before this Court to consider his representation.