Madras High Court
Vignesh vs The Tahsildar on 10 February, 2025
W.P.(MD) No.3208 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.02.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL
W.P(MD)No.3208 of 2025
W.M.P.(MD) No.2242 of 2025
Vignesh ... petitioner
Vs
1. The Tahsildar
Sivakasi Taluk,
Virudhunagar District.
2. The Inspector of Police,
Sivakasi East Police Station,
Virudhunagar District. ... Respondents
PRAYER: Writ Petition has been filed under Article 226 of the
Constitution of India, for issuance of Mandamus, to direct the respondents
No.1 and 2 to remove the lock and seal of the premises of the petitioner
Karkuvel Transport at No.3/713B, Near Global Match Building,
Vijayalakshmi Colony East, Sivakasi Taluk, Virudhunagar District by
considering the petitioner's GST Registration Certificate Number in
33AAWFK9912B1Z6 and considering the petitioner's representation
dated 27.01.2025, within the time stipulated by this Court.
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Page No. 1 of 8
W.P.(MD) No.3208 of 2025
For Petitioner : Mr.E.Mareeskumar
For Respondents
For R1 : Mr.M.Sakthi Kumar
Government Advocate (Crl.)
For R2 : Mr.R.M.Anbunithi
Additional Public Prosecutor (Crl. Side)
ORDER
This writ petition is filed by the petitioner to direct the respondents
to remove the lock and seal of the premises of the petitioner Door No.
3/713B near Global Match Building, Vijayalakshmi Colony East,
Sivakasi Taluk, Virudhunagar District by considering the representation
of the petitioner dated 27.01.2025.
2. According to the petitioner, he and his brother are running a
transport in the name and style of Karukuvel Transport in the above said
address. They used to take parcels from the printing crackers industries
and thereafter, they used to deliver the goods to the customers in the door
steps. In the above said circumstances, for the present diwali, the
customers have booked their parcels in their transport and in order to
deliver the cracker boxes, the petitioner used to keep the crackers in the
transport office and after storing, they used to take for delivery. While so,
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the second respondent surprisingly visited the office premises on
23.01.2025, while the workers are loading the goods to send the parcels.
All of a sudden, the second respondent stopped the work and obtained a
criminal complaint from Village Administrative Officer of Viswanatham
and registered a case in Crime No. 65 of 2025 under Section 9 (B) 1 (b) of
Explosive Act, 1984. Without giving any opportunity, the respondents
locked the premises of the petitioner and more than 250 boxes of crackers
were received and kept in the office. In order to transport the crackers, the
petitioner need not get any license. However, without giving any
opportunity, the respondents have sealed the premises. Therefore, they
sent a representation dated 27.01.2025 and the same has not been
considered. Hence, he filed this petition.
3. The Government Advocate (Civil Side) appearing for the first
respondent would submit that the petitioner without any license stored the
crackers in the office and therefore, they seized the materials and locked
the premises. In order to store the materials, the petitioner has to obtain
license, but in this case, the petitioner has not obtained any license for
storing the materials. Therefore, the petition is liable to be dismissed.
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4. The Government Advocate (Criminal Side) appearing for the
second respondent would submit that the petitioner without getting any
license stored the explosive crackers in the premises and based on the
complaint given by the Village Administrative Officer of the concerned
village, the second respondent registered a Crime No.65 of 2025 and the
2nd respondent also made a surprise inspection. At that time, they came to
know about the illegal storage of the crackers and therefore, they locked
the premises.
5. This Court heard the learned counsels on both sides and perused
the records.
6. It is an admitted fact that the petitioner along his brother are
doing business of transport and in the course of the transport, they used to
take crackers in the transport to various places. While so, the petitioner
had stored the materials in the office for the purpose of transportation. At
that time, the respondents made a surprise visit and found the cracker
boxes. According to the petitioner, those cracker boxes are kept for
transport purpose and they have not stored the materials in the premises.
Therefore, the respondents without any enquiry locked the premises. The
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learned counsel for the petitioner also referred the judgment of this Court
in K.Vasuki Vs. The Tahsildar and another (W.P.(MD) No.25604 of
2024 dated 25.10.2024). Wherein, this Court after referring the judgment
of Manikandan Vs. Tahsildar and another in W.P.(MD) No.26100 of
2023 dated 30.10.2023 held that the act of respondent in locking and
sealing the petitioner's premises cannot legally be sustained and directed
the respondents to unlock and unseal the premises immediately. The
decision of this Court in Manikandan Vs. Tahsildar and another in W.P.
(MD) No.26100 of 2023 dated 30.10.2023 is extracted hereunder:
“4. The petitioner is restrained from using the petition-
mentioned premises for keeping fire crackers without obtaining
license. Since keeping the articles under official custody is not
going to serve any purpose, the respondents are directed to
return the seized materials to the petitioner after preparing
proper magazar. I make it clear that the reliefs given to the
petitioner are only de-sealing of the premises and handing
over to the seized items after conducting proper inventory. The
petitioner has to necessarily face criminal prosecution. After
receiving the materials from the respondents, the petitioner can
very well transport them to the customers. The petitioner will
affix his signature on the required forms. This writ petition
stands allowed. No costs. Consequently, connected
miscellaneous petition is closed.”
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7. Therefore, this Court while passing orders in the similar kind of
case observed that keeping articles under the official custody is not going
to serve any purpose and the respondents are directed to return the seized
materials from the petitioner after preparing proper magazar.
8. In view of the above said judgments of this Court, it is
appropriate to direct the respondents to unlock and unseal the premises
immediately and allow the petitioner to take the cracker boxes after
conducting proper inventory and the petitioner can face the criminal
prosecution. After receipt of the properties, the petitioner is at liberty to
transport them to the customers.
9. With the above said observations and directions, this writ
petition is allowed. No costs. Consequently, connected Criminal
Miscellaneous Petition is also closed.
10.02.2025
Internet :Yes
Index :Yes/No
NCC :Yes/No
mac
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To
1. The Tahsildar
Sivakasi Taluk,
Virudhunagar District.
2. The Inspector of Police,
Sivakasi East Police Station,
Virudhunagar District
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P.DHANABAL, J.
mac
Note: Registry is directed to issue order copy today i.e.19.02.2025.
10.02.2025
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