Circulate G.O. permitting shops, restaurants to stay open 24×7 to all police stations in T.N., Madras HC directs DGP

The Madras High Court on Thursday (August 28, 2025) directed the Director General of Police/Head of Police Force (DGP/HoPF) and the Greater Chennai Commissioner of Police (GCCP) to inform all police stations under their jurisdiction about a Government Order (G.O.) issued on May 8, 2025, which permits shops and other establishments employing more than 10 people to remain open 24×7 throughout the year.

Justice N. Sathish Kumar issued the direction while disposing of a writ petition (criminal) filed by National Restaurant Association of India (NRAI) based in New Delhi. The petitioner association had complained that the Tamil Nadu police frequently disturb its members in the State and do not allow the restaurants to operate at night due to a lack of awareness about the latest G.O.

The petitioner’s counsel Vijayan Subramanian brought to the notice of the court that it was in 2019 that the Tamil Nadu government first decided to permit shops and other commercial establishments to remain open 24X7. The first G.O., issued for the purpose, was in operation for a period of three years. Thereafter, the government had been extending the benefit by issuing fresh G.O.s every three years.

The latest G.O. in this regard was issued on May 8, 2025, permitting all shops and commercial establishments, with more than 10 employees, to remain open 24X7 on all days of the year subject to certain conditions, such as providing weekly holidays to the employees on rotation basis, ensuring adequate protection to women employees, making transport arrangements for them, and so on.

Despite the issuance of the G.O., which had come into force from June 5, 2025, the police continue to force the restaurants not to function during night hours, the association alleged and sought a direction to the DGP/HoPF and the GCCP to circulate the G.O. to all police stations and also to restrain the personnel from interfering with the lawful business operations of the restaurants during night hours.

Government Advocate (criminal side) K.M.D. Muhilan objected to the second part of the petitioner’s prayer and contended that an association could not file a writ petition on behalf of all its members and that it was for individual restaurants to approach the court if there was an any interference by the police. He said, police intervenes only when they receive specific complaints against individual establishments.

Thereafter, Mr. Subramanian, representing NRAI, submitted that he would not press for the second part of the prayer and would be content if the court could grant him the first part of the prayer alone. The judge accepted his submission and disposed of the writ petition with a direction to the DGP as well as GCCP to circulate a copy of the latest G.O. to all police stations.