Madras High CourtWP(MD)/20167/2022allowed

Nagamari v. The District Revenue Officer

2022-08-29Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.20167 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20167 of 2022 Nagamari ... Petitioner Vs.

1. The District Revenue Officer, Sivagangai, Sivagangai District.

2. The Taluk Supply Officer, Thiruppuvanam, Sivagangai District.

3. The Inspector of Police, Civil Supplies C.I.D., Sivagangai.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to de-seal the petitioner's flour mill situated at Survey No.3/5A, Pottapalayam Village, Thiruppuvanam Taluk, Sivagangai District, by considering his representation dated 12.08.2022.

For Petitioner : Mr.T.Lenin Kumar For R-1 & R-2 : Mr.K.Balasubramani, Special Government Pleader.

For R-3 : Mr.R.Sivakumar, Government Advocate.

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2 W.P.(MD)NO.20167 OF 2022

O R D E R

Heard the learned counsel on either side.

2. The petitioner is figuring as an accused in Crime No.100 of 2022 registered on the file of the third respondent in a case involving smuggling of PDS rice.

3. The smuggled PDS rice was found within the premises of the petition mentioned mill compound. Therefore, the mill itself came to be sealed. The mill is in sealed condition since 07.08.2022. I wanted to know in which provision the sealing was done. My attention could not be drawn to any particular provision. No sealing order was also passed by the authorities.

4. In these circumstances, I direct the respondents to de-seal the premises forthwith and without any delay. The petitioner through his counsel gives an undertaking that in future, he will ensure that the premises in question is not used for such purposes. Filing of such an affidavit will not be put 2/4

3 W.P.(MD)NO.20167 OF 2022 against the petitioner in the pending criminal case. Subject to the filing of the affidavit by the petitioner before the first respondent, this writ petition stands allowed. No costs. 29.08.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The District Revenue Officer, Sivagangai, Sivagangai District.

2. The Taluk Supply Officer, Thiruppuvanam, Sivagangai District.

3. The Inspector of Police, Civil Supplies C.I.D., Sivagangai.

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4 W.P.(MD)NO.20167 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.20167 of 2022 29.08.2022 4/4