Madras High CourtWP(MD)/6245/2025disposed of

Villy v. The Deputy Superintendent Of Police

2025-03-11Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Villy ... Petitioner Vs

1. The Deputy Superintendent Of Police, Civil Supplies CID, Madurai.

2. The Inspector of Police, Civil Supplies CID Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd respondents to de-seal the petitioner's property measuring to an extent of 50 cents comprised in Survey No.368/4A, situated at Ayyapatti Village, Madurai District by considering his representation, dated 16.12.2024.

For Petitioner : Mr.D.Yogeshwar For Respondents : Mr.R.M.Anbunithi (R1,R2) Additional Public Prosecutor 1/5

O R D E R

This Writ Petition has been filed to direct the respondents to deseal the petitioner's property measuring to an extent of 50 cents comprised in Survey No.368/4A, situated at Ayyapatti Village, Madurai District by considering his representation, dated 16.12.2024. 2.According to the petitioner, he is the owner of property in Survey No.368/4A, situated at Ayyapatti Village, Madurai District. He leased out the property to one Vinoth Kumar. The said Vinoth Kumar built a superstructure and he was in possession and enjoyment of the same. In the meanwhile, the petitioner came to know that the 2nd respondent has registered a case against 8 persons including the said Vinoth Kumar in Cr.No.

326 of 2024 for the offence punishable under Sections 2(e)(v)(vi)(vii) of Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order 1988 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955. The 2nd respondent has no power to seal the premises. Therefore, the petitioner sent a representation, dated 16.02.2024, but the same has not been considered. Hence this petition.

2/5

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner is the land owner of the property, wherein, the lessee viz., Vinoth Kumar has indulged in criminal activities, thereby, the 2nd respondent has registered a case in Cr.No.326 of 2024 for the offence punishable under Sections 2(e)(v)(vi) (vii) of Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order 1988 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955 and the same is pending for investigation. However, the petitioner's representation will be considered and disposed of by the 1st respondent within a period of one week.

4.Since the prayer of the petitioner is to consider his representation, dated 16.12.2024 and the same is pending for enquiry, it is for the first respondent to consider the representation of the petitioner and dispose the same within a period of one week from the date of this order in accordance with law.

3/5

5.With the above observations and direction, this Writ Petition is disposed of.

11.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To

1. The Deputy Superintendent Of Police, Civil Supplies CID, Madurai.

2. The Inspector of Police, Civil Supplies CID Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

P.DHANABAL , J.

PNM ORDER IN 11.03.2025 5/5