Vijay Ananth v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.12032 of 2025 Vijay Ananth ... Petitioner Vs

1. The Superintendent of Police, Ramanathapuram District, Tamilnadu.

2. The Additional Director General of Police, Coastal Security Group, DGP Office Complex, Mylapore, Chennai -600004.

3. Tariqul Amin Sub-Inspector of Police, Devipattinam Marine Police Station, Coastal Security Group, Ramanathapuram.

4. Ayyanar Sub-Inspector of Police, Devipattinam Marine Police Station, Coastal Security Group, Ramanathapuram.

5. Nagarajan Sub-Inspector of Police, Devipattinam Marine Police Station, Page No. 1 of 8

Coastal Security Group, Ramanathapuram.

6. The Inspector of Police, Kennikarai Police Station, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus to direct the respondents by considering the petitioner`s representation to the first respondent on 11.04.2025 and also to the second Respondent on 12.04.2025 and on 14.04.2025 and further to release the Petitioner`s Vehicles bearing Reg.Nos.1. TN81 W3633 and 2. TN69 BE 0018 along with the loaded consignment of Kendu Leaves, which were unlawfully seized by the respondents 3 to 5 and kept in their illegal custody and further, direct the respondents 1 and 2 to take action as against the erring officials who committed illegal seizure of the petitioner's vehicles along with the loaded consignment of Kendu Leave. For petitioner :Mr. Anandha Padmanabhan for Mr. R.Babu Jaganath For respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) *****

O R D E R

This petition is filed by the petitioner to direct the respondents to consider the the petitioner's representation dated 11.04.2025 sent to the Page No. 2 of 8

first respondent and the representation dated 12.04.2025 to the second respondent and also to release the petitioner's vehicles bearing Registration Nos. TN-81-W-3633 and TN-69-BE-0018, along with the loaded consignment of Kendu Leaves and take action against the officials.

2. The learned Senior Counsel for the petitioner would submit that the petitioner is the sole proprietor of the VAF Trading & Co., and operating the procurement and trade of Kendu leaves though valid auctions conducted by the Odisha Forest Development Corporation Ltd., and also possessed all requisite permissions, including export licence and conduct business operations across Tamil Nadu. While so, the Bazaar Police Station registered a case in Crime No.42 of 2025 on 16.02.2025 against two persons. Based on the confession of A1, it was claimed that the petitioner was also involved in the offence and thereby, he was arrested on 18.02.2025. Thereafter, the police unlawfully entered into the warehouse of the petitioner and without giving any opportunity to explain or to produce documentation and took the petitioner into their custody. The learned Judicial Magistrate No.I, Ramnadhapuram, after appraising prima facie material, refused to remand the petitioner and hence, the petitioner was released. Though he was released from custody and having Page No. 3 of 8

re-established his business on sound legal footing, again the petitioner facing undue intimidation. While so, on 10.04.2025, the petitioner was informed that the plainclothes officials intimidated the petitioner's staff. Fearing another attempt at false implication, he instructed his drivers to halt two transport vehicles TN-81-W-3633 and TN-69-BE-0018 loaded with each of 1470 kg of Kendu leaves.

3. He would further submit that in the meantime, the petitioner came to know through news article published by Hindu on 11.04.2025 stating that the team headed by the respondents 3 to 5/Marine police seized the vehicles along with kendu leaves, alleging that it was abandoned and the drivers had absconded. Immediately, the petitioner raised the issue with Additional Director General of Police, Coastal Security Group by submitting two detailed complaints on 12.04.2025 and 13.04.2025 along with CCTV footage. Thereafter, the petitioner came to know that the Marine Police team headed by the fourth respondent approached the Tahsildar under Section 106 of BNSS, portraying the materials as 'unclaimed'. Thereafter, the petitioner made representation to the Tahsildar to explain the legality of the goods and the Tahsildar also declined to accept the goods and the Marine Police team left the premises Page No. 4 of 8

without any documentation. While so, on 17.04.2025, the petitioner received a phone call from Kennikarai Police Station stating that the complaint was registered by them and immediately, at about 9.47 a.m., the petitioner received a SMS stating that both the complaints were 'disposed of' and 'enquiry completed'. Within three minutes, without recording statements, the complaints have been disposed of.

4. He would further submit that the Marine Police derive jurisdiction only over territorial waters and coastal zones extending up to 12 nautical miles from the shoreline. No notification or statutory authority empowers the Marine Police to act unilaterally. The petitioner remained deprived of his property and reputation, without any recourse despite filing complaints through every proper channel. The respondents 3 to 5 committed illegal act within the jurisdiction of the first respondent and also they remain under the administrative control of the second respondent. Hence, the petitioner filed this petition.

5. The learned Additional Public Prosecutor (Crl.Side) for the respondents would submit that the petitioner transported the banned Kendu leaves through vehicles and thereby, the respondents 3 to 5 seized Page No. 5 of 8

the vehicles. Devipattinam Marine Police registered a case in Crime No.3 of 2025 and the same was transferred to the sixth respondent for further investigation. Therefore, they will consider the representation of the petitioner and take appropriate action in accordance with law.

6. Considering the prayer sought for in this petition and the respondents also admitted the receipt of the representation of the petitioner and the same is pending for consideration by the respondents and the competent persons to consider the representation are the respondents 1 and 2, this Court directs the respondent 1 and 2 to consider the representations of the petitioner dated 12.04.2025 and 14.04.2025 and take appropriate action in accordance with law within a period of 15 days from the date of receipt of a copy of this order.

7. With the abovesaid observations and directions, this Writ Petition is disposed of. No costs.

28.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 6 of 8

To

1. The Superintendent of Police, Ramanathapuram District, Tamilnadu.

2. The Additional Director General of Police, Coastal Security Group, DGP Office Complex, Mylapore, Chennai -600004.

3. Tariqul Amin Sub-Inspector of Police, Devipattinam Marine Police Station, Coastal Security Group, Ramanathapuram.

4. Ayyanar Sub-Inspector of Police, Devipattinam Marine Police Station, Coastal Security Group, Ramanathapuram.

5. Nagarajan Sub-Inspector of Police, Devipattinam Marine Police Station, Coastal Security Group, Ramanathapuram.

6. The Inspector of Police, Kennikarai Police Station, Ramanathapuram District.

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

Page No. 7 of 8

P.DHANABAL,J apd W.P.(MD) No.12032 of 2025 28.04.2025 Page No. 8 of 8