1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10/6/2019 CORAM THE HON'BLE MR[CASE NUMBER]JUSTICE [ENTITY] AND THE HON'BLE MR[CASE NUMBER]JUSTICE [ENTITY] [CASE NUMBER] Writ Petition No[CASE NUMBER]5361 of 2018 [ENTITY] Petitioner Vs 1[CASE NUMBER] The [ENTITY] rep[CASE NUMBER] By its Secretary Home Department, Fort St[CASE NUMBER] George Chennai 600 001[CASE NUMBER] 2[CASE NUMBER] The [ENTITY][CASE NUMBER] 3[CASE NUMBER] The [ENTITY][CASE NUMBER] 4[CASE NUMBER] The [ENTITY][CASE NUMBER] (R[CASE NUMBER]4 suo-motu impleaded, as per order, dated 11/9/2018 by SMKJ & SPJ) 5[CASE NUMBER] The [ENTITY] rep[CASE NUMBER] By its President http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in Mr[CASE NUMBER][ENTITY] 2 Office at Ramdas Rao Maligai No[CASE NUMBER]26 Venkatesan Street T[CASE NUMBER] Nagar, Chennai 600 017[CASE NUMBER] Respondents PRAYER in [CASE NUMBER]: Petition filed under [SECTION] of the [ACT] praying for the issuance of a writ of mandamus to direct the respondent Police to refrain from interfering with the timings of the hotels/restaurants without following due process of law[CASE NUMBER] For petitioners Mr[CASE NUMBER][ENTITY] For respondents 1 to 3 Mr[CASE NUMBER][ENTITY], Addl[CASE NUMBER] Govt[CASE NUMBER] Pleader For 4th Respondent Mr[CASE NUMBER][ENTITY] For 5th Respondent Mr[CASE NUMBER][ENTITY] [CASE NUMBER] The [ENTITY] rep[CASE NUMBER] By its President Mr[CASE NUMBER][ENTITY] having its Office at Ramadas Rao Maligai No[CASE NUMBER]26 Venkatesan Street T[CASE NUMBER] Nagar Chennai 600 017[CASE NUMBER] Petitioner Vs 1[CASE NUMBER] The [ENTITY] rep[CASE NUMBER] By Secretary Home Department, Fort St[CASE NUMBER] George Chennai 600 001[CASE NUMBER] 2[CASE NUMBER] The Commissioner Greater Chennai Corporation http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in Chennai 600 003[CASE NUMBER] 3 3[CASE NUMBER] The Deputy Commissioner (Revenue & Finance) Greater Chennai Corporation Chennai 600 003[CASE NUMBER] 4[CASE NUMBER] The Commissioner of Police Greater Chennai Police No[CASE NUMBER]132 EVK Sampath Road Vepery Chennai 600 007[CASE NUMBER] 5[CASE NUMBER] The Director General of Police No[CASE NUMBER]601 Dr[CASE NUMBER] [ENTITY][CASE NUMBER] Respondents PRAYER in [CASE NUMBER]: Petition filed under [SECTION] of the [ACT] praying for the issuance of a writ of certiorarified mandamus to call for the records of the third respondent made in [CASE NUMBER][CASE NUMBER][CASE NUMBER] 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[CASE NUMBER] For petitioner Mr[CASE NUMBER][ENTITY] For respondents 1,3 to 5 Mr[CASE NUMBER][ENTITY], Addl[CASE NUMBER] Govt[CASE NUMBER] Pleader For 2nd Respondent Mr[CASE NUMBER][ENTITY] COMMON ORDER
(Order of the Court was delivered by [ENTITY],J) Mr[CASE NUMBER][ENTITY], petitioner, a practising Advocate has filed Writ http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in Petition No[CASE NUMBER]5361 of 2018 to direct the respondent Police, to refrain from interfering with the timings of the hotels/restaurants, without following due process of law[CASE NUMBER]
2[CASE NUMBER] President of the [ENTITY], has filed [CASE NUMBER], to quash the order of the Deputy Commissioner (Revenue & Finance), Greater Chennai Corporation, Chennai, third respondent, made in [CASE NUMBER][CASE NUMBER][CASE NUMBER], dated 9/11/2018, and consequently, to forbear the respondents, from interfering with the working hours of the members of the petitioner Association, their Eateries, Hotels, Restaurant[CASE NUMBER]
3[CASE NUMBER] In the affidavit filed in support of [CASE NUMBER], it is stated that Police officials are interfering with the timings of hotels and restaurants in the City, because of which people are not able to have food in night[CASE NUMBER] It is stated that, there is no law which permits the Police authorities to close down the restaurants by fixing a time limit[CASE NUMBER] It is further stated in the petition that in the month of July 2015, the petitioner went to a restaurant, by name, Hot & Chat Fast Food, about 10[CASE NUMBER]00 p[CASE NUMBER]m[CASE NUMBER], at Door No[CASE NUMBER]22/61 Thambaiah Road, West Mambalam, Chennai 600 033[CASE NUMBER] The hotelier refused to give him food and told him that the Police authorities from R-3 Police Station, Ashok Nagar, have given a Written Order not to keep the restaurant open after 10[CASE NUMBER]00 p[CASE NUMBER]m[CASE NUMBER] The petitioner has given representations to the authorities that caterers and owners of restaurants cannot be directed to close the restaurants, fixing a time limit, but no action has been taken on his representation[CASE NUMBER] http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in
4[CASE NUMBER] According to the petitioner, neither the [ACT] nor the [ACT], gives any power to the police to restrict the time for running a restaurant or hotel[CASE NUMBER] Petitioner would state that in the absence of any law which authorises the authorities to fix timings for restaurants, hotels etc[CASE NUMBER], Police cannot on its own fix timing and direct hotel and restaurant to close after a particular time[CASE NUMBER]
5[CASE NUMBER] Notice was issued on the petition[CASE NUMBER]
6[CASE NUMBER] [SECTION] of the [ACT], provides for, grant of license by the Commissioner, to run eating house, tea shop, coffee house, cafe, restaurant, refreshment room or any place, where the public are admitted for consumption of any food or drink or any place where food is sold or prepared for sale:
7[CASE NUMBER] [SECTION] of the [ACT], prescribes that [ENTITY] Government may by a general order, fix the timings of Shops and Establishment[CASE NUMBER]
8[CASE NUMBER] However, [SECTION] of the [ACT], states that [ACT], shall not apply to Catering establishments[CASE NUMBER]
http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in
9[CASE NUMBER] The word 'day' has been defined in the [ACT], as follows:-
Period of twenty-four hours beginning at midnight[CASE NUMBER] Provided that in the case of an employee whose hours of work extend beyond midnight, day means the period of twenty- four hours beginning from the time when such employment commences[CASE NUMBER]
10[CASE NUMBER] During the course of hearing, this Court felt though Police cannot fix time for closure of the catering place, the same can only be regulated by the Government[CASE NUMBER] On 11/10/2018, this Court, has passed the following order:-
On instructions from the License Inspector, Greater Corporation, Chennai, Mr[CASE NUMBER][ENTITY], learned Additional Government Pleader submitted that both the Corporation of Chennai and Commissioner of Police, Chennai, had discussions, regarding framing/formulating guidelines for fixing specific time limit for hotels/restaurants/eateries[CASE NUMBER]
2[CASE NUMBER] Learned Additional Government Pleader further submitted that details of the discussion and frame work as to how regulations/guidelines could be made, would be submitted in the next hearing date[CASE NUMBER]
3[CASE NUMBER] Mr[CASE NUMBER][ENTITY], Licence Inspector, present in Court, submitted that Corporation of Chennai, is the authority to grant licence to all kinds of hotels, including star hotels[CASE NUMBER]
4[CASE NUMBER] Greater Corporation of Chennai is directed to submit a list of hotels/restaurants/eateries permitted near railway stations/bus stand[CASE NUMBER]
http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in
11[CASE NUMBER] Pursuant to the said order, dated 11[CASE NUMBER]10[CASE NUMBER]2018, a meeting has been conducted by the Deputy Commissioner (R & F), Greater Chennai Corporation, Revenue Department on 09[CASE NUMBER]11[CASE NUMBER]2018[CASE NUMBER] Participants in the meeting were officers of Greater Chennai Corporation and officials of Greater Chennai City Police[CASE NUMBER] Minutes of the meeting, dated 09[CASE NUMBER]11[CASE NUMBER]2018, reads as under:-
The Deputy Commissioner ( R & F) and Commissioner i/c welcomed all the participants and started that the Hon'ble High Court in [CASE NUMBER] filed by [ENTITY], came up for hearing on 11/10/2018 and the Greater Chennai Corporation was directed to fix timing for various restaurants and eateries based on the facts such as their locations[CASE NUMBER] Law and order and protection of the public in consultation with the Commissioner of Police Greater Chennai City[CASE NUMBER]
Deputy Commissioner of Police (St[CASE NUMBER] [ENTITY]) stated that all the shops in Chennai City should be closed by
12[CASE NUMBER]00 p[CASE NUMBER]m[CASE NUMBER], otherwise movement of the public could not be controlled[CASE NUMBER] If permitted beyond, snatching and robbery may occur[CASE NUMBER] No special permission needs to be given[CASE NUMBER]
It was also informed that special conditions to be stipulated in the Trade licence, if any on the police side could be consulted and suggested[CASE NUMBER]
Based on the discussions and suggestions and other parameters like public safety, law and order and control of floating population, it is proposed to fix the closing time of restaurants based on the location as classified by CMDA[CASE NUMBER] Proposed closing time of restaurants located in CMDA area classification http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in S[CASE NUMBER]NO[CASE NUMBER] Area classification Timings
1[CASE NUMBER] Residential area 11[CASE NUMBER]00 p[CASE NUMBER]m[CASE NUMBER]
2[CASE NUMBER] Mixed Residential area 12[CASE NUMBER]00 a[CASE NUMBER]m[CASE NUMBER]
3[CASE NUMBER] Commercial area 01[CASE NUMBER]00 a[CASE NUMBER]m[CASE NUMBER] Deputy Commissioner (R & F) thanked all the participants and conducted the meeting[CASE NUMBER]"
12[CASE NUMBER] Minutes of the Meeting, dated 9/11/2018, is the subject matter of challenge in [CASE NUMBER], which has been filed by [ENTITY] and the prayer in the writ is to call for the records of the Deputy Commissioner of Revenue and Finance, in [CASE NUMBER][CASE NUMBER][CASE NUMBER], dated 9/11/2018, and quash the same[CASE NUMBER]
13[CASE NUMBER] Since both the writ petitions deal with the same subject matter, they are clubbed together and heard[CASE NUMBER]
14[CASE NUMBER] Heard Mr[CASE NUMBER][ENTITY], learned counsel for the petitioner in [CASE NUMBER], Mr[CASE NUMBER][ENTITY], learned counsel for the petitioner in [CASE NUMBER] and Mr[CASE NUMBER][ENTITY], learned Additional Government Pleader for the official respondents[CASE NUMBER]
15[CASE NUMBER] [SECTION] of the [ACT], gives the power to the Commissioner of Police to make rules for ensuring order and decency and for public safety[CASE NUMBER] [SECTION] of the said Act, reads as under:-
http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in The Commissioner may make rules for ensuring order and decency and for the public safety at all places of public entertainment or resort, and for regulating the times during which the places referred to in [SECTION] and [SECTION] shall be allowed to b open or used and from time to time may rescind or alter such rules; and in case of breach of any such rules or of the conditions of the licence granted under [SECTION], may order such places to be closed, and while such order is in force such places so ordered to be closed shall be deemed to be unlicensed places[CASE NUMBER]
16[CASE NUMBER] Mr[CASE NUMBER][ENTITY], learned counsel appearing for the petitioner, in [CASE NUMBER] contended that there are no rules, giving powers to the Police, to fix timings of shops[CASE NUMBER] Reliance was placed on a judgment of the Hon'ble Division Bench of this Court in [CASE NUMBER], dated 1/9/2017 [The Commissioner of Police Vs[CASE NUMBER] E[CASE NUMBER][ENTITY]], wherein, the Hon'ble Division Bench, observed as under:-
5[CASE NUMBER] Accordingly, the writ appeal stands disposed of by giving liberty to the appellant to frame any rules, by exercising the power under [SECTION] of the [ACT][CASE NUMBER] It is made clear that till such rule is brought forth, the activity of the respondent/writ petitioner, as recorded by the learned Single Judge, cannot be curtailed[CASE NUMBER] No costs[CASE NUMBER] Consequently, connected Miscellaneous Petitions are closed[CASE NUMBER] http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in 17[CASE NUMBER] Similarly, in [CASE NUMBER], the learned Single Judge of this Court, vide, order, dated 20/2/2018 [Anna Perundhu Nellaya Vattara Viyabarigal Nalla Sangam Vs[CASE NUMBER] The [ENTITY] of Tamil Nadu], has observed as under:-
6[CASE NUMBER] A perusal of the order passed by this Court in [CASE NUMBER] shows that one [ENTITY] has filed a writ of mandamus to direct the Police officials to permit him to carry on his hotel business during late night hours[CASE NUMBER] This Court has allowed the said writ petition, directing the police officials not to insist the petitioner to close down his restaurant between 12 midnight and 04[CASE NUMBER]00 a[CASE NUMBER]m[CASE NUMBER] Further, it was ordered that however, if the petitioner makes any encroachment in the public street, the police are entitled to take suitable action against the petitioner and remove the encroachment[CASE NUMBER] Challenging the said order, the police officials have preferred an appeal in [CASE NUMBER] and the same was disposed of on 1/9/2017[CASE NUMBER] The operative portion of the said judgment reads as follows:-
5[CASE NUMBER] As long as power is available to the Commissioner of Police, Madurai City, the same can be exercised as per law[CASE NUMBER] However, in the absence of any rule, which can be brought forth by exercising power under [SECTION] of the [ACT], running of business cannot be curtailed[CASE NUMBER]
7[CASE NUMBER] From the aforesaid decision, it is clear that in the absence of any rule, which can be brought forth by exercising power under [SECTION] of the [ACT], it is not open to the Police officials to stop the members of the http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in petitioner Association from doing their lawful business[CASE NUMBER]
8[CASE NUMBER] Admittedly, so far, rules have not been framed by the Commissioner of Police by exercising the power under [SECTION] of [ACT] and therefore, the respondents cannot restrain the members of the petitioner Association from doing their lawful business during night hours[CASE NUMBER]
18[CASE NUMBER] Mr[CASE NUMBER][ENTITY], learned counsel appearing for the petitioner in [CASE NUMBER], would also contend that the Government also cannot frame Rules, under the [ACT], for the reason that [ACT] specifically excludes the applicability of the [ACT], to eateries[CASE NUMBER]
19[CASE NUMBER] We cannot agree with the contention of Mr[CASE NUMBER][ENTITY][CASE NUMBER]
[ACT], was enacted, for regulation of shops and establishments, in [ENTITY] of Tamil Nadu[CASE NUMBER]
20[CASE NUMBER] Establishment has been defined, under [SECTION] of the [ACT], reads as under:-
Establishment means a shop, commercial establishment, restaurant, eating-house, residential hotel, theatre or any place of public amusement or entertainment and includes such establishment as the [ENTITY] Government may by Notification declare to be an establishment for the purposes of http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in this Act[CASE NUMBER] (emphasis supplied)
21[CASE NUMBER] [SECTION] of the [ACT], reads as under:-
13[CASE NUMBER] Opening and closing hours of shops (1) Save as provided by or under any other enactment for the time being in force, no establishment shall be opened earlier or closed later than such hours as may be fixed by the [ENTITY] Government, by a general or special order in that behalf:
Provided that in the case of a restaurant or eating house, any customer who was being served or was waiting to be served therein at the house fixed for the closing may be served during the quarter of an hour immediately following such hour[CASE NUMBER]
(2) Before passing an order under sub-Section (1), the Government shall make an inquiry in the prescribed manner[CASE NUMBER]
(3) The Government may, for the purposes of this Section, fix different hours for different establishments or for different areas or for different times of the year[CASE NUMBER]
22[CASE NUMBER] A reading of the above, would make it clear that [SECTION] of the [ACT], gives the power to the Government, to fix the opening and closing hours of shops[CASE NUMBER]
23[CASE NUMBER] [ACT], was brought into force to provide for regulation of conditions of work in catering establishments[CASE NUMBER] This Act, therefore, cannot be applied for closing and working http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in hours of shops and establishments which includes restaurants and eateries[CASE NUMBER]
24[CASE NUMBER] [SECTION] of the [ACT], extracted supra, excludes the applicability of [ACT], for catering units and can be made applicable only to such of those provisions, which are related to conditions of work, in the [ACT][CASE NUMBER] Both Acts, therefore, operative in their respective fields[CASE NUMBER] The applicability of the [ACT] is not fully excluded in all respects for catering establishment[CASE NUMBER]
25[CASE NUMBER] Since [SECTION] of the [ACT], specifically includes restaurant and eating houses[CASE NUMBER] All the provisions of the [ACT] would be made applicable to restaurants and eating houses, except those clauses which deals with the conditions of work (of an employee), which are specifically covered, under the [ACT][CASE NUMBER] If the argument of Mr[CASE NUMBER][ENTITY] is accepted, then the words restaurant, eating houses, residential hotel, in the definition of establishment, as given in [SECTION] of the [ACT], would become odious[CASE NUMBER] [SECTION] gives the power to the Government to regulate the timings for restaurants and eateries[CASE NUMBER]
http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in
26[CASE NUMBER] It is well settled that it is the duty of the Courts to avoid conflicts[CASE NUMBER] (Refer [PRECEDENT] and [PRECEDENT][CASE NUMBER]
27[CASE NUMBER] The Hon'ble Supreme Court in Bengal Immunity Co[CASE NUMBER] Ltd[CASE NUMBER] v[CASE NUMBER] [ENTITY] of Bihar, (1955) 2 SCR 603, has held that it is a cardinal rule of construction that in a Statute, where there are two provisions, which are in conflict with each other such that both of them cannot stand, they should, if possible, be so interpreted that effect can be given to both, and that a construction which renders either of them inoperative and useless should not be adopted except as the last resort[CASE NUMBER] The same principle will apply to the two Acts brought by the [ENTITY][CASE NUMBER] Doctrine of Harmonium Instrument has to be applied to give full meaning of the words restaurant, eating houses and residential hotel, in the [ACT][CASE NUMBER]
28[CASE NUMBER] In order to give the full meaning to all the words in the definition of establishment given in [SECTION] of the [ACT] and keeping in view the purpose, for which, [ACT], has been enacted, meant only to regulate the conditions of work in catering and establishment, it has to be http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in said that the government has the power to fix timings, for catering establishments, under [SECTION] of the [ACT][CASE NUMBER]
29[CASE NUMBER] The Hon'ble Supreme Court in [PRECEDENT], observed as under:-
49[CASE NUMBER] The next logical question then is as to whether the [ACT] is a general legislation pushed out of its province because of the [ACT], a special legislation in relation to the Corporation employees[CASE NUMBER] Immediately, we are confronted with the question as to whether the [ACT] is a special legislation or a general legislation because the legal maxim generalia specialibus non derogant is ordinarily attracted where there is a conflict between a special and a general statute and an argument of implied repeal is raised[CASE NUMBER] [ENTITY] states the law correctly: [ craies on statute law, 1963 Edn, PP 376-77] The general rule, that prior statutes are held to be repealed by implication by subsequent statutes if the two are repugnant, is said not to apply if the prior enactment is special and the subsequent enactment is general, the rule of law being, as stated by Lord [ENTITY] in [PRECEDENT]] , that where there are general words in a later Act capable of reasonable and sensible application without extending them to subjects specially dealt with by http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in earlier legislation, you are not to hold that earlier and special legislation indirectly repealed, altered, or derogated from merely by force of such general words, without any indication of a particular intention to do so[CASE NUMBER] There is a well-known rule which has application to this case, which is that a subsequent general Act does not affect a prior special Act by implication[CASE NUMBER] That this is the law cannot be doubted, and the cases on the subject will be found collected in the third edition of [ENTITY] is generalia specialibus non derogant i[CASE NUMBER]e[CASE NUMBER] general provisions will not abrogate special provisions[CASE NUMBER] When the legislature has given its attention to a separate subject and made provision for it, the presumption is that a subsequent general enactment is not intended to interfere with the special provision unless it manifests that intention very clearly[CASE NUMBER] Each enactment must be construed in that respect according to its own subject-matter and its own terms[CASE NUMBER]
50[CASE NUMBER] The crucial question which demands an answer before we settle the issue is as to whether the [ACT] is a special statute and the [ACT] a general statute so that the latter pro tanto repeals or prevails over the earlier one[CASE NUMBER] What do we mean by a special statute and, in the scheme of the two enactments in question, which can we regard as the special Act and which the general? An implied repeal is the last judicial refuge and unless driven to that conclusion, is rarely resorted to[CASE NUMBER] The decisive point is as to whether the [ACT] can be displaced or dismissed as a general statute[CASE NUMBER] If it can be and if http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in the [ACT] is a special statute the proposition contended for by the appellant that the settlement depending for its sustenance on the [ACT] cannot hold good against [SECTION] and [SECTION] of the [ACT], read with [SECTION] thereunder[CASE NUMBER] This exercise constrains me to study the scheme of the two statutes in the context of the specific controversy I am dealing with[CASE NUMBER]
30[CASE NUMBER] Applying the said principle, it can be said that insofar as power to fix the time, for opening and closing hours of shops is concerned, power exists with the Government, under the [ACT], and those power can be exercised, for ensuring order and public safety[CASE NUMBER] A meeting has been conducted by the Deputy Commissioner (R & F), wherein, the officers of Greater Chennai Corporation and Police have met and a status report has been filed before us[CASE NUMBER] The report as filed in this Court reads as under, 4[CASE NUMBER] By G[CASE NUMBER]O[CASE NUMBER]Ms[CASE NUMBER]No[CASE NUMBER]1304, Home (Police VIII) Department, dated 8/9/2007, the Government directed that grant of licence for running eating houses, boarding and lodging houses by Police Department under [SECTION] of the [ACT], be done away with[CASE NUMBER] The said G[CASE NUMBER]O also stipulated that the Municipal Corporation should obtain No Objection Certificate from Commissioner of Police before granting licence for eating houses, boarding and lodging houses with regard to traffic clearance report[CASE NUMBER]
I submit the [ACT] has been amended by Act 43/2007 and as per [SECTION] of the Act, http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in no enclosed place or building shall be used as an eating house, boarding house, lodging house or hotel, shall be permitted by the Corporation without obtaining a no objection certificate from the Commissioner of Police, with regard to traffic clearance, for the first time[CASE NUMBER]
I submit that pursuant to that proceedings of the Principal Secretary/Commissioner, Corporation of Chennai was issued vide [CASE NUMBER][CASE NUMBER][CASE NUMBER][CASE NUMBER][CASE NUMBER] dated 4/3/2015 to obtain Police NOC for processing new trade licence under [SECTION] of [ACT] and licence/Registration certificate for lodging house under [ACT], for the first time[CASE NUMBER] Thereafter, the licences are issued as stated above[CASE NUMBER]
7[CASE NUMBER] I submit a meeting was convened with police officials on 25/102018[CASE NUMBER]
Based on the discussions and suggestions and other parameters like public safety, law and order and control of floating population, it is proposed to fix the closing time of restaurants based on the location as classified by CMDA[CASE NUMBER] Proposed closing time of restaurants located in CMDA area classification S[CASE NUMBER]NO[CASE NUMBER] AREA TIMINGS CLASSIFICATION 1 Residential area 11[CASE NUMBER]00 p[CASE NUMBER]m[CASE NUMBER] 2 Mixed Residential area 12[CASE NUMBER]00 a[CASE NUMBER]m[CASE NUMBER] 3 Commercial area 01[CASE NUMBER]00 a[CASE NUMBER]m[CASE NUMBER]
31[CASE NUMBER] A perusal of the status report would show that no final decision has been taken[CASE NUMBER] Since the matter is only at the proposal stage, [CASE NUMBER], challenging the impugned proposal, dated 9/11/2018, is not maintainable[CASE NUMBER]
http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in In any event, as discussed in the judgment, there is power with the Government, to fix timings of opening and closing of the shops, under the [ACT], for ensuring public safety[CASE NUMBER]
32[CASE NUMBER] In view of the above observation, the respondents are directed to place the minutes before the Government of Tamil Nadu, for further proceedings[CASE NUMBER] [ENTITY] of Tamil Nadu, is directed to take a decision, fixing the time limit in terms of the Act, and keeping in mind the requirement of the area, after following the procedures in [SECTION] of the [ACT], within a period of eight weeks, from the date of receipt of a copy of this order[CASE NUMBER]
33[CASE NUMBER] Writ Petitions are disposed of[CASE NUMBER] No costs[CASE NUMBER] Consequently, the connected Miscellaneous Petitions are closed[CASE NUMBER]
([ENTITY]) (S[CASE NUMBER]P[CASE NUMBER],J) 10/6/2019 Index : Yes Internet : Yes Speaking/Non-speaking order mvs[CASE NUMBER] [ENTITY], J AND [ENTITY], J mvs[CASE NUMBER] http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in To 1[CASE NUMBER] The Secretary Home Department, Fort St[CASE NUMBER] George Chennai 600 001[CASE NUMBER] 2[CASE NUMBER] The [ENTITY][CASE NUMBER] 3[CASE NUMBER] The [ENTITY][CASE NUMBER] 4[CASE NUMBER] The [ENTITY][CASE NUMBER] [CASE NUMBER] 10/6/2019 http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in