Police cannot dictate closing time of eateries, says Madras HC

In an order that would have a direct impact on nightlife in the city, the Madras High Court held that the police do not have any power to order the closure of eateries at a certain time. Citing a government order of 2019 under which all shops and establishments are allowed to remain open 24x7, the court said eateries, hotels and establishments are free to remain open as per their convenience so that people can get food late in the night.

Passing the order while hearing a plea by S Gunaraja, a Chennai-based hotel owner, who sought a direction to the police to allow his restaurant to function till 1.30 am, Justice Krishnan Ramasamy also instructed the police not to interfere with the business activities of eateries, hotels and restaurants.

“As per the amendment of Section 35 vide Chennai City Police (Amendment) Act, 2007, the Commissioner of Police is not empowered to make any rules under Section 39, in the matter of regulating the timings of opening and closing of the eatery shops, hotels, restaurants and thus, the police authorities are not having any authority or power to dictate the opening and closing timings of the eateries either orally or written instructions,” Justice Krishnan Ramasamy held.

The petitioner, Gunaraja, alleged that he was forced to close his eatery shop by 10.30 pm by police personnel from Kilpauk station. Recording the submission, the judge held that only the State government was empowered to fix the opening and closing timings of the eateries.

The court also set aside an order of the Police Department directing the petitioner not to open his shop after 10.30 pm.

“As per the Government Order dated May 28, 2019, by Labour and Employment Department, the State government permitted all the shops and establishments to keep open for 24x7 all days of the year. The owners of the eateries are at liberty to fix closing timings on their own depending upon their convenience.

The State government shall ensure smooth functioning of the eateries during the night hours so that the private employees, watchmen and guards, taxi drivers, young delivery boys, night shift employees and others can get food at odd hours,” the judge noted.