Madras High CourtWP(MD)/6829/2019allowed

K.Velayutham, v. The District Collector,

2019-04-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.6829 & 6830 of 2019 K.Velayutham ... Petitioner in both cases Vs.

1. The District Collector, Virudhunagar.

2. The Superintendent of Police, Virudhunagar. ...1&2 Respondents in both Cases

3. The Inspector of Police, Malli Police Station, Srivilliputhur Taluk, Virudhunagar District. ... Respondent in WP.6829/2019

4. The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District. ... Respondent in WP.6830/2019 PRAYER in WP(MD)No.6829 of 2019 : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to remove the properties from petitioner's store house kept by the respondent based on the petitioner's representation dated 29.01.2019 and 07.02.2019 within a time stipulated by this Court.

PRAYER in WP(MD)No.6830 of 2019 : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to remove the properties from the petitioner's store house kept by the respondent based on the petitioner's representation, dated 07.02.2019. in both cases :

For Petitioner : Mr.S.Vinodh For Respondents : Mr.M.Karuppasamy Government Advocate in WP.No.6830/2019 Mr.M.Rajarajan Government Advocate in WP.No.6829/2019 https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER Heard the learned counsel on either side.

2.The writ petitioner was having a licensed explosive godown. The third respondent police had seized certain properties which are explosive in nature. The seizure had taken place several years back. During the relevant time, the petitioner was having an agency. The writ petitioner due to old age has since surrendered the license. He wants the second and third respondents to remove the materials in question from his store house.

3.The learned Government Advocate appearing for the respondents submitted that the respondents are also intending to destroy the same and that they have already obtained permission from the concerned authorities. But then, few other formalities are required to be followed. This will take sometime.

4.Taking note of the facts and circumstances of the case, this Court directs the respondents to ensure that the materials kept in the petitioner's store house are removed within a period of three months. These writ petitions are allowed. No costs. Sd/- Assistant Registrar (A.E) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Virudhunagar.

2.The Superintendent of Police, Virudhunagar.

3.The Inspector of Police, Malli Police Station, Srivilliputhur Taluk, Virudhunagar District.

4. The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

+2 CC to SPL GP, SR-64715, 64689.

+2 CC to M/s.S.VINODH, Advocate,SR-64753 & 64752. W.P.(MD)Nos.6829 & 6830 of 2019 CS (29/05/2019) 3P 9C https://hcservices.ecourts.gov.in/hcservices/