Ganesan.V v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.2506 of 2024 V.Ganesan ... Petitioner /vs./ 1.The Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Surandai Police Station, Tenkasi District.

3.The Inspector of Police, Economic Wing, Ashok Nagar, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to remove lock and seal of shop No.18.7.5, Sivagurunathapuram, Sernthamaram Road, Surandai, Tenkasi District within time frame to be stipulated by this Court. For Petitioner : Mr.S.Kumar For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition for issuance of Writ of Mandamus, seeking direction against the Respondents to remove the lock and seal in shop No.18.7.5, Sivagurunathapuram, Sernthamaram Road, Surandai, Tenkasi District.

2. The Petitioner is a landlord and the building was rental out to Alwynn Gnanadurai and Robin, who are the Directors of M/s.ARBROS TRIOS Private Limited. Accordingly, a rental agreement for the period of one year from 04.04.2022 to 04.03.2023 was executed between the Petitioner and the said persons. They were running a jewelry shop. It is the contention of the learned Counsel for the Petitioner that they were running a jewelery shop in other part of Tamil Nadu, where they received the deposit from the public, but they were not returned to them. As part of investigation, on 21.06.2023, the Petitioner's shop was put under lock and seal by the third Respondent with the help of the second Respondent. In the meantime, the rental period is also over as early as on 04.03.2023.

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3. The learned Additional Public Prosecutor on instructions from the Respondents would submit that the property was locked apprehending that anyone can meddle with the records of the accused available in the premises. The learned Additional Public Prosecutor on instructions from the Respondents would submit that after taking out inventory of all the properties in the locked premises, they will vacate the premises within a period of one month.

4. Considering the submissions made by the learned Additional Public Prosecutor, the Respondents are directed to take steps to vacate the premises within a reasonable time after taking inventory as undertaken by them and hand over the possession to the Petitioner.

5. With the above direction, this Writ Petition is disposed of. No costs. 07.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Nsr 3/5

TO:

1.The Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Surandai Police Station, Tenkasi District.

3.The Inspector of Police, Economic Wing, Ashok Nagar, Chennai.

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr Order made in W.P.(MD)No.2506 of 2024 Dated:

07.02.2024 5/5