CHENNAI: Questioning the authority of the police to compel inns and eateries to close down by way of 10 pm when there is no such restriction underneath the Tamil Nadu Catering Establishment Act or the Tamil Nadu Shops and Establishment Act, an suggest has approached the Madras top court docket searching for to restrain the police department from interfering with resort timings.
When the plea came up for hearing on Tuesday, the first bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose directed the federal government pleader to get directions from the authorities concerned and posted the PIL to March 23 for further hearing.
According to suggest R Ganesh Prabhu, in 2015 when some of his buddies visited Chennai and were about to go into a resort near Mambalam to consume, they were informed by way of the resort owner that it used to be already past 10pm and that they cannot serve food for the reason that native police have strictly directed them not to keep the store open after 10pm.
After the incident, Prabhu made an RTI software to the police department asking them underneath which Act and provision police authorities were compelling inns to down shutters by way of 10pm. The public knowledge officer of the department replied announcing the guidelines sought by way of the petitioner used to be now not touching on his department.
Subsequently, on September 19, 2015 he despatched a prison notice to the DGP at the issue. But thus far the petitioner has now not received any respond to the notice.
Relying on two govt orders dated March 22, 2017 and March 23, 2016 which permitted all retail outlets and institutions to remain open 24x7 all 365 days, Prabhu said the actions of the police were in overall violation of the orders.
He further identified that the time period 'day' used to be outlined within the Acts as a duration of 24 hours beginning in the dark. Therefore, all the eateries registered underneath such Acts were entitled to run the store even after 10pm.
Claiming that within the absence of any specific legislation restricting the timing of inns, the police cannot suo motu issue such prohibitory orders. "Even the Chennai City Police Act, 1888 mandates police to issue only NOC to such shops and does not give powers to restrict timing," the petitioner said.
When the plea came up for hearing on Tuesday, the first bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose directed the federal government pleader to get directions from the authorities concerned and posted the PIL to March 23 for further hearing.
According to suggest R Ganesh Prabhu, in 2015 when some of his buddies visited Chennai and were about to go into a resort near Mambalam to consume, they were informed by way of the resort owner that it used to be already past 10pm and that they cannot serve food for the reason that native police have strictly directed them not to keep the store open after 10pm.
After the incident, Prabhu made an RTI software to the police department asking them underneath which Act and provision police authorities were compelling inns to down shutters by way of 10pm. The public knowledge officer of the department replied announcing the guidelines sought by way of the petitioner used to be now not touching on his department.
Subsequently, on September 19, 2015 he despatched a prison notice to the DGP at the issue. But thus far the petitioner has now not received any respond to the notice.
Relying on two govt orders dated March 22, 2017 and March 23, 2016 which permitted all retail outlets and institutions to remain open 24x7 all 365 days, Prabhu said the actions of the police were in overall violation of the orders.
He further identified that the time period 'day' used to be outlined within the Acts as a duration of 24 hours beginning in the dark. Therefore, all the eateries registered underneath such Acts were entitled to run the store even after 10pm.
Claiming that within the absence of any specific legislation restricting the timing of inns, the police cannot suo motu issue such prohibitory orders. "Even the Chennai City Police Act, 1888 mandates police to issue only NOC to such shops and does not give powers to restrict timing," the petitioner said.
Cops can't force eateries to close at night: Petition
![Cops can't force eateries to close at night: Petition]()
Reviewed by Kailash
on
March 22, 2018
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