R.Ganesh Prabhu v. The State Rep. by Secretary
Case brief
What is this about?
This bench entertained two writ petitions challenging police interference and proposed timing limits for hotel/restaurant operations. The court clarified that the Government, not the Police, holds the authority to fix timings under the Tamil Nadu Shops and Establishments Act. It directed the State to exercise this power via a general order within eight weeks via proper procedure.
What did the court decide?
Respondents directed to place minutes before Government of Tamil Nadu; State directed to fix time limits by a general order within eight weeks following Section 13 procedure.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10/6/2019
C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD Writ Petition Nos.5361 of 2018 and 3937 of 2019 Writ Petition No.5361 of 2018
R. Ganesh Prabhu ... Petitioner Vs 1. The State rep. By its Secretary Home Department, Fort St. George Chennai 600 001. 2. The Deputy Commissioner of Police R 3 Police Station Ashok Nagar Chennai 600 083. 3. The Deputy Commissioner of Police Theyagaraya Nagar District Theyagaraya Nagar Chennai 600 017. 4. The Commissioner Greater Chennai Corporation Chennai. (R.4 suo-motu impleaded, as per order, dated 11/9/2018 by SMKJ & SPJ) 5. The Chennai Hotel Association rep. By its President Mr.M.Ravi Office at Ramdas Rao Maligai No.26 Venkatesan Street T. Nagar, Chennai 600 017. ... Respondents
PRAYER in W.P.No.5361 of 2018: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to directing the respondent Police to refrain from interfering with the timings of the hotels/restaurants without following due process of law.
For petitioners ... Mr.G.Thyagarajan For respondents 1 to 3 ... Mr.E.Manoharan, Addl. Govt. Pleader For 4th Respondent ... Mr.K.Soundararajan For 5th Respondent ... Mr.Sathish Parasaran Sr.Counsel for Mr.Vijayna Subramanian
Writ Petition No.3937 of 2019 The Chennai Hotel Association rep. By its President Mr.M.Ravi having its Office at Ramadas Rao Maligai No.26 Venkatesan Street T. Nagar Chennai 600 017. ... Petitioner Vs 1. The State rep. By Secretary Home Department, Fort St. George Chennai 600 001. 2. The Commissioner Greater Chennai Corporation Chennai 600 003. 3. The Deputy Commissioner (Revenue & Finance) Greater Chennai Corporation Chennai 600 003. 4. The Commissioner of Police Greater Chennai Police No.132 EVK Sampath Road Vepery Chennai 600 007. 5. The Director General of Police No.601 Dr. Radhakrishnan Salai Mylapore Chennai 600 004. ... Respondents PRAYER in W.P.No.3937 of 2019: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the third respondent made in R.D.C.No.LB/5551/2018 dated 9/11/2018, quash the same and consequently, forbear the respondents from interfering with the working hours of the members of the petitioner Association, their Eateries, Hotels, Restaurant.
Issues for consideration
3 issues framed by the court
Whether the State Government has the power under the Tamil Nadu Shops and Establishments Act, 1947 to fix opening and closing hours for restaurants and eateries.
Whether the provisions of the Tamil Nadu Shops and Establishments Act, 1947 are excluded for catering establishments due to the Tamil Nadu Catering Establishments Act, 1958.
Whether the proposed minutes by the Deputy Commissioner (R & F) merely outlining guidelines are a justiciable exercise of power attracting writ jurisdiction.
Parties & counsel
- petitioner
R. Ganesh Prabhu
- petitioner
The Chennai Hotel Association
- respondent
The State rep. By its Secretary Home Department
- respondent
The Deputy Commissioner of Police
- respondent
The Commissioner Greater Chennai Corporation
Case details
As recorded by the court registry
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