ANNA PERUNDHU NELLAYA VATTARA VIYABARIGAL NALLA SANGAM Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition has been filed to forbear the respondents from restraining the shop keepers, traders and businessmen in Thoothukudi District from doing their business activities at night hours.

(2.) Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(3.) The learned counsel for the petitioner has submitted that the petitioner is the President of Anna Perunthu Nilaya Vattara Viyabarigal Nala Sangam and the said Sangam has been registered under the Tamil Nadu Societies Registration Act, 1975. He further submitted that there are more than 100 members in the said Association and they are doing various businesses lawfully in a peaceful manner in and around Thoothukudi without causing any hindrance to any one. He further submitted that Thoothukudi is a well-known Industrial city and the labourers, after completing their night shift or going to night shift are utilizing the services of the night shops. But for the past few years, the Police officials are restraining the shop keepers from doing their trade, profession and businesses during night hours, more particularly after 11.00 p.m. He further submitted that doing trade, profession and business are the fundamental rights. He further submitted that already in W.P.(MD).No.11410 of 2016, this Court by the order dated,21.03.2017 directed the police not to insist the petitioner in that case to close down his restaurant during night hours and against the said order, the police officials have preferred a writ appeal in W.A(MD).No.547 of 2017 and the same was dismissed on 01.09.2017, confirming the order passed in W.P.(MD).No.11410 of 2016.