Madras High Court

WP CRL.(MD)/5405/2026 of M/s.Goat Briyani Restaurant Vs The Commissioner of Police on 30 September 2026

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WP Crl.(MD) No. 5405 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 30-09-2026

CORAM

THE HON'BLE DR.JUSTICE P.MURUGAN

WP Crl.(MD) No. 5405 of 2026

CNR:{HCMD011376852026}

M/s.Goat Briyani Restaurant

Rep by its Partner,

Rajamani (66/2026),

W/o.Late.Thirugnanam,

No.6, Loordhunagar 10th Street,

K.Pudur, Madurai District.

..Petitioner(s)

Vs

1. The Commissioner of Police

Madurai City,

Madurai.

2. The Inspector of Police

Mattuthavani Police Station,

Madurai.

..Respondent(s)

Prayer: Writ petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents to permit to function petitioners restaurant (Shop No.19) for 24/7 in the light of G.O.

(MS)No.60 dated 28.05.2019 based on the petitioner’s representation dated 18.09.2026 within the time stipulated by this Court.

For Petitioner(s):

Mr.S.Vinodh

For Respondent(s):

Mr.D.Rajaboopathy,

Govt. Advocate (crl Side)

WP Crl.(MD) No. 5405 of 2026

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ORDER

This writ petition has been filed for issuance of Writ of Mandamus directing the respondents to permit to function petitioners restaurant (Shop No.19) for 24/7 in the light of G.O.(MS)No.60 dated 28.05.2019 based on the petitioner’s representation dated 18.09.2026 within the time stipulated by this Court.

2. As per the earlier order of this Court, the counsel for the petitioner produced G.O. (Ms) No. 207 dated 08.05.2025, issued by the Labour Welfare and Skill Development Department of the Government of Tamil Nadu, in which the earlier G.O. (Ms) No. 61 dated 02.06.2022 has been extended for another three years to run certain shops and establishments 24/7 hours. It is recorded that the tenure of the G.O. is for 3 years, starting from 08.05.2025 to 07.05.2028.

3. This Court raised a query as to submission of Form S as per the said G.O., for which, the learned counsel for the petitioner submitted that there is no such Form S procedure applicable to the restaurant. When asked is there any departmental circular, information received under the RTI Act, or any other rule to support the same, no such document or

WP Crl.(MD) No. 5405 of 2026

incident was referred to or produced by the counsel.

4. Another condition under the G.O. is that the employer should employ 10 or more persons, as per the provisions of Section 7(1) and Section 13(1) of the Tamil Nadu Shops and Establishments Act, 1947. The learned counsel for the petitioner submitted that although the petitioner is availing contract services and engaging more than 10 workmen, no records have been maintained. If the employer has no records to show that he engaged 10 workmen through contract employment, there must at least be an agreement between the principal employer and the contractor for the supply of manpower to run the restaurant.

5. Further, this Court raised queries to establish whether 10 or more workmen are working under the petitioner by producing EPF, ESI, and other relevant records, which were not filed by the petitioner. This shows that there may not be 10 or more workmen under the petitioner, or the petitioner has failed to maintain their statutory records. In both angles, the petitioner is attempting to obtain orders from the Court by merely quoting the G.O. Consequently, this petition is devoid of merits and is liable to be

WP Crl.(MD) No. 5405 of 2026

dismissed.

7. Accordingly, this writ petition stands dismissed. 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TM To

1. The Commissioner of Police Madurai City, Madurai.

2. The Inspector of Police Mattuthavani Police Station, Madurai.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

WP Crl.(MD) No. 5405 of 2026

DR.P.MURUGAN, J. TM WP Crl.(MD) No. 5405 of 2026 30-09-2026

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