K.M.Anwar Ismail v. The Inspector of Police (Law and Order)

ORDER The petitioner is a registered food vendor. He has secured a license under the FSSAI Act from the jurisdictional authorities. In terms of his license, he is treated as a Hawker/Mobile Food Vendor. Exploiting his license, he is operating a Food Truck under the name and style of "Mount Road Night Biriyani".

2.The grievances of the petitioner is that the sole respondent is interfering with his business. Hence, the petitioner is before this Court.

3.This Court issued notice to the respondent. Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) took notice for the respondent and sought time to get instructions.

4.Mr.S.Yogaraja Sekar has been briefed by the sole respondent in person. According to the respondent, the petitioner had been called upon to remove the Food Truck since it is parked right in front of the Thiru.Vi.Ka. Road Bus Stand, causing hindrance to the public as well as road users. It is Mr.S.Yogaraja Sekar's submission that the shop which is opened at 07.30 PM goes on till 04.00 AM, leading to congestion on this important road which abuts the Mount Road. The respondent is only performing his statutory duty and the blanket mandamus sought for by the petitioner cannot be granted.

5.When these points were asked to Mr.L.Baskaran, he stated that the petitioner is vending the Briyani Shop for the purpose of movie goers, who will flock the area during night hours and that he will not park the Food Truck in the manner which will hinder traffic or beyond hours, which might not be conducive for general well being in the area. He was called upon to file an affidavit to that effect.

6.Mr.R.Kamaraj has filed an affidavit of the writ petitioner, which is scanned and extracted hereunder:-

7.The undertaking given by the petitioner in paragraph No.2 of the affidavit is recorded. There shall be a direction to the respondent not to interfere with the business of the petitioner, as long as he complies with the undertaking. In case of any breach thereof, the police are free to take appropriate action.

8.Accordingly, this Writ Petition is disposed of. No costs. 20-08-2026 krk Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The Inspector of Police (Law and Order) D1, Triplicane Police Station, G.P. Road, Mount Road, Wallajah Salai, Chennai-600 005.

2.The Public Prosecutor, High Court of Madras, Chennai. V.LAKSHMINARAYANAN J. krk WP.Crl.No.1606 of 2026

20-08-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN 1. K.M.Anwar Ismail S/o. Mohideen Khader, No.01/01, Appavoo Street, Ellis Road, Mount Road, Chennai-600 002. Petitioner(s) Vs 1. The Inspector of Police (Law and Order) D1, Triplicane Police Station, G.P. Road, Mount Road, Wallajah Salai, Chennai-600 005. Respondent(s) PRAYER To issue a Writ of Mandamus or any other appropriate writ or order or direction in the nature of Writ, forbearing the respondent subordinate officials or anybody claiming through them from in any manner harassing or interfering with the running of the petitioner's mobile food vending shop (Mount Road Night Biriyani), near Wellington Plaza, G.P. Road, Anna Salai, Chennai 600 002 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. For Petitioner(s): Mr.L.Baskaran for Mr.R.Kamaraj For Respondent: Mr.S.Yogaraja Sekar Government Advocate (Crl.Side)