M/S.Coimbatore Gunny Merchants Association v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2025

CORAM

THE HON'BLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY W.P. No. 5155 of 2025 M/s. Coimbatore Gunny Merchants Association, Represented by its President, V.M. Ubaidur Rahman .. Petitioner

Versus

1.The Revenue Divisional Officer, Office of the RDO South, Coimbatore.

2.The Inspector of Police, Ukkadam Police Station, Coimbatore.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to de-seal the office premises situated at No.42, CGMA Tower, L.N. Street, Ukkadam, Coimbatore and permit the petitioner i.e., members elected on 25.12.2021 who are the present office bearer to resume the office till the disposal of the suit filed by the petitioner in O.S. No. 285 of 2024 pending on the file of the V Additional District Judge, Coimbatore.

For Petitioner : Ms. S. Abhinaya Shree For Respondents : Dr. S. Suriya, for R1 Additional Government Pleader Dr. C.E. Pratap, for R2 Government Advocate

O R D E R

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This Writ Petition is filed for a mandamus directing the respondents to deseal the office premises situated at No. No.42, CGMA Tower, L.N. Street, Ukkadam, Coimbatore,

2. The brief factual matrix in which the writ petition arises is that, there seems to be conflict between two groups with reference to the management of the petitioner-Society.

3. Under the said circumstances, when the appropriate authority namely the first respondent-Revenue Divisional Officer conducted a peace committee meeting between 'A' party and 'B' party, he ordered that the parties should seek remedy before appropriate civil Court and in the meanwhile, the premises would remain locked.

4. When such an order is passed, it is in the realm of under Section 145 of the Criminal Procedure Code and the said orders are not challenged by both parties. The plea of the petitioner is that, subsequently the situation does not warrant to keep the premises under lock and seal and they must be permitted to operate.

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5. Pursuant to the order of the Tasildar, when the parties have already filed civil suit in O.S. No. 285 of 2024 on the file of the V Additional District Judge, Coimbatore, the parties can very well move such an Interlocutory Application in the same suit and as and when, the said application is filed by the petitioner, the same shall be considered, as expeditiously as possible by the said Court.

6. With the above observations, the Writ Petition stands disposed of. No costs.

17.02.2025 Index : Yes/No Neutral Citatition : Yes/No AT To 1.The Revenue Divisional Officer, Office of the RDO South, Coimbatore.

2.The Inspector of Police, Ukkadam Police Station, Coimbatore.

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D. BHARATHA CHAKRAVARTHY, J.

AT 17.02.2025 4/4