[Cites 5, Cited by 0]
Madras High Court
Selvakumar vs The Deputy Superintendent Of Police on 6 January, 2026
Author: S.Srimathy
Bench: S.Srimathy
W.P.Crl.(MD)No.7 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 06.01.2026
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.Crl.(MD)No. 7 of 2026
and
W.M.P(MD)No. 3 of 2026
Selvakumar ... Petitioner
Vs.
1. The Deputy Superintendent of Police,
Virudhunagar District,
Virudhunagar.
2. The Inspector of Police,
Sivakasi East Police Station,
Virudhunagar District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the respondents No.1 and 2 to
remove the lock and seal of the premises of the petitioner the Aruna Lorry
Service Transport Godown at Door No.3/1295/8C, Paraipatti, Viswanatham
Panchayat, Sivakasi Taluk, Virudhunagar District in the GST Registration
Certificate Number in 33CVMPS7682DIZ3 by considering the petitioner's
representation dated 16.12.2025, within the time stipulated by this Court.
For Petitioner : Mr.E.Mareeskumar
For Respondents : Mr.A.S.Abul Kalaam Azad,
Government Advocate (Criminal Side)
1/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/01/2026 08:25:40 pm )
W.P.Crl.(MD)No.7 of 2026
ORDER
This Writ Petition has been filed for Writ of Mandamus, directing
the respondents No.1 and 2 to remove the lock and seal of the premises of the
petitioner the Aruna Lorry Service Transport Godown at Door No.3/1295/8C,
Paraipatti, Viswanatham Panchayat, Sivakasi Taluk, Virudhunagar District in
the GST Registration Certificate Number in 33CVMPS7682DIZ3 by
considering the petitioner's representation dated 16.12.2025, within the time
stipulated by this Court.
2. Heard the learned counsel appearing for the petitioner and the
learned Government Advocate (crl. Side) appearing for the respondent police
and perused the materials available on record.
3. According to the petitioner, he is running the Transport in the
name and style of The Aruna Lorry Service Transport in the above said address.
They used to take parcels from the printing press and crackers industries to
deliver the goods to their customers in their door step. In the above said
circumstances, for the present Christmas and New year celebrations, 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
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/01/2026 08:25:40 pm )
and after storing, they used to take for delivery. While so, the second
respondent surprisingly visited the office premises on 13.12.2025, 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 and registered a
case in Crime No. 716 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 315 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 16.12.2025 and the
same has not been considered. Hence, he filed this petition.
4. The Government Advocate (Civil Side) appearing for the
respondents 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.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/01/2026 08:25:40 pm )
5. It is an admitted fact that the petitioner 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.
6. The 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
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/01/2026 08:25:40 pm )
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.”
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.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/01/2026 08:25:40 pm )
9. With the above said observations and directions, this writ
petition is allowed. No costs. Consequently, connected Criminal Miscellaneous
Petition is closed.
06.01.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes
KSA
Note : Issue order copy on 08.01.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/01/2026 08:25:40 pm )
To
1. The Deputy Superintendent of Police,
Virudhunagar District,
Virudhunagar.
2. The Inspector of Police,
Sivakasi East Police Station,
Virudhunagar District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/01/2026 08:25:40 pm )
S.SRIMATHY, J.
KSA
06.01.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/01/2026 08:25:40 pm )
