Kesavanarayanan .R v. The Special Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2023

CORAM

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

1.The Special Tahsildar, Match and Fireworks Unit Inspection, Sivakasi, Virudhunagar District.

2.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to unseal and unlock the petitioner's sale depot, M/s.Sri Vaari Traders, having address at 2/212Q6, Sattur Road, Survey No.610/2B, Anuppankulam Village, Sivakasi Taluk, Virudhunagar District by considering the license in Moo.Mu.E5/13838/2022, dated ...04.2022 issued by the District Revenue Officer, Virudhunagar District.

For Petitioner : Mr.M.Solaisamy For Respondents : Mr.M.Sidharthan Additional Government Pleader for R1 : Mr.M.Veeranthiran Government Advocate for R2 1/4

ORDER

Heard both sides.

2. The petitioner is a trader. Though he is having a license to godown, he had kept the petition mentioned articles in an unlicensed place.

3. The petitioner gives an undertaking that he will not use any unlicensed place for keeping or storing the fire crackers. This undertaking given by the petitioner is recorded.

4. The first respondent has sealed the petition mentioned premises. Crime No.496 of 2023 has been registered on the file of the Sivakasi East Police Station in this regard. The seized material cannot be called as contraband or illegal material. Retaining them in the official custody will not serve any purpose. The first respondent is directed to prepare mahazar and inventory. The petitioner shall affix his signature in the necessary forms. The petitioner will have to necessarily face criminal prosecution. Since the retention of the goods will cause financial loss to the petitioner, the respondents are directed to deseal the premises. The premises need not be sealed once again in view of the undertaking given by the petitioner. The petitioner can 2/4

take back the goods and also dispose them of. The petitioner gives an undertaking that he will remit a sum of Rs.5,000/- for the welfare of Government Children Home (Government Orphanage), Dr.Thangaraj Colony, K.K.Nagar, Madurai-625020 [Account No: 37487255860, IFSC: SBIN0007922]. Upon furnishing the proof of remittance in favour of the Government Children Home (Government Orphanage), the premises shall be unsealed.

5. The Writ Petition is allowed. No costs.

03.11.2023 Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 03.11.2023 To 1.The Special Tahsildar, Match and Fireworks Unit Inspection, Sivakasi, Virudhunagar District.

2.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

3.Government Children Home (Government Orphanage), Dr.Thangaraj Colony, K.K.Nagar, Madurai-625020.

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G.R.SWAMINATHAN, J.

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