Kamaraj, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Kamaraj .. Petitioner
Versus
1. The District Collector, Kallakurichi, Kallakurichi District.
2. The District Health Care Officer, District Psychiatrist, District Mental Health Programme, Kallakurichi District.
3. The Inspector of Police, Tirukovilur, Kallakurichi District.
4. The Tahsildar, Tirukovilur, Kallakurichi District.
5. Village Administrative Officer, 1/7
Kuchipalayam village, Tirukovilur Taluk, Kallakurichi District.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondent Nos.1, 2, 4 and 5 herein to remove the seal who have sealed the property and to hand over the possession to the petitioner and take necessary action on his legal notice, dated 12.12.2024.
For Petitioner : Mr.D.Engels Pandian For Respondents : Mr.S.Balamurugan, Government Advocate, for RR-1, 4 and 5 : Mr.E.Sundaram, Government Advocate, for R2 : Mr.V.Meganathan, Government Advocate (Crl. Side), for R3
ORDER
This Writ Petition is filed for a mandamus directing the respondent Nos.1, 2, 4 and 5 herein to remove the seal in respect of the petitioner's 2/7
property and hand over the possession to the petitioner.
2. The case of the petitioner is that the petitioner was conducting a deaddicition center in the said property. Suddenly, an inspection was made and a criminal case was also registered and the petitioner was arrested and released on bail. The license is also sought to be cancelled. The petitioner is not going to continue the de-addiction center until the Criminal Court finally clears that there was no error on the part of the petitioner.
3. On a perusal of the report of the respondents, it is clear that when they inspected the center, certain bruise marks and injuries were also found on the person of the inmates and psychotropic drugs were administered without any scientific basis and as such, action was taken.
4. In that view of the matter, when the property was sealed, no exception can be taken. However, it is stated that the investigation is now 3/7
completed and the charge sheet is filed. The petitioner also undertakes that he will not carry on the said activity of de-addiction center. Therefore, the petitioner is entitled to use his immovable property for any other purpose. Keeping the property under the lock and seal is not required any more as all the investigation with reference to thereof is conducted and completed. Even now, if any pictures have to be taken or any inspection has to be done, the same can be done within a period of one week from the date of receipt/production of a web-copy of this order and the seal can be removed and possession can be handed over to the petitioner. The undertaking of the petitioner that he will not continue the de-addiction centre until the final order passed in the Criminal Court, is recorded. The respondents can also periodically check whether the petitioner is indulging in any such activities.
5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
4/7
10.02.2025 : no grs To
1. The District Collector, Kallakurichi, Kallakurichi District.
2. The District Health Care Officer, District Psychiatrist, District Mental Health Programme, Kallakurichi District.
3. The Inspector of Police, Tirukovilur, Kallakurichi District.
4. The Tahsildar, Tirukovilur, Kallakurichi District.
5. The Village Administrative Officer, Kuchipalayam village, Tirukovilur Taluk, Kallakurichi District.
5/7
D.BHARATHA CHAKRAVARTHY, J.
grs 6/7
10.02.2025 7/7