Madras High CourtWP(MD)/4423/2022allowed

Dharmar v. The District Collector

2022-07-19Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Dharmar ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Sub Collector, Periyakulam, Theni District.

3.The District Revenue Officer, Collector Office, Theni, Theni District.

4.The District Supply Officer, Collector Office, Theni, Theni District.

5.The Taluk Supply Officer, Periyakulam, Theni District.

6.The Inspector of Police, CSCID - Madurai, Uthamapalayam Police Station, Theni District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents No.1 to 5 to remove the lock and seal made in the petitioner's rice mill situated in No.8/84, North Street, E.Pudhupatti, Endapulli Post, Periyakulam Taluk, Theni District by considering the petitioner's representation dated 07.03.2022. For Petitioner : Mr.K.Sathish Kumar For Respondents : Mr.M.Sarangan, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner is running a rice mill at the petition mentioned address. He was implicated in a criminal case involving violation of the provisions of the Essential Commodities Act. Following his implication in the criminal case, the petition mentioned rice mill came to be locked and sealed. Seeking removal of the same, the present writ petition has been filed. 3.The respondents are not able to draw my attention to any particular provision which would enable them to lock and seal the premises. It is also seen that no show cause was given to the petitioner before the impugned action was taken. The petitioner's counsel would state that for the last five months, 2/4

the rice mill is under lock and seal. I therefore direct the fifth respondent to remove the lock and seal of the petition mentioned rice mill forthwith and without any delay.

4.The writ petition is allowed accordingly. No costs. 19.07.2022 Index : Yes / No Internet : Yes/ No ias To: