Thangamayan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07/11/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN and WMP CRL.(MD) No. 373 of 2025 Thangamayan ... Petitioner Vs 1.The Revenue Divisional Officer, Thirumangalam Sub Division,

2. The Superintendent of Police, Madurai District, 3.The Inspector of Police, Checkanurani Police Station, 4.The Tahsildar, Taluk Office, 5.The Village Administrative Officer, 1/6

VAO Office, A.Kokkulam Village, Usilampatti Taluk, ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to remove the lock and seal of the petitioner's business place of iron shed situated in survey no. 178/4 with an extent of 0.30.50 ares Patta No.8000 at A.Kokkulam Village, Checkanurani Road, Opposite Checkanurani Amma Poonka, Thirumangalam Taluk, Madurai District, within a stipulated time fixed by this Court based on the petitioner's representation dated 16.09.2025.

For Petitioner : Mr.R.Sundar, Advocate.

For R2 & R3 : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor For R1, R4 & R5 : Mr.A. Oli Raja, Government Advocate

ORDER

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The petitioner seeks a direction to the respondents to remove the lock and seal from the petitioner's premises by considering his representation dated 16.09.2025.

2.The learned Additional Public Prosecutor and the learned Government Advocate appearing for the respondents would submit that the petitioner's premises have been locked since the case was registered against the petitioner in Crime No.210 of 2025 for the offences under Section 9(b)(1)(a) of Indian Explosives Act, 1884 and that the Executive Magistrate is vested with the power to prevent dangerous practices under Rule 127 of the Explosive Rules, 2008.

3.The learned Additional Public Prosecutor and the learned Government Advocate appearing for the respondents would further submit that any person, who is aggrieved by such an action can prefer an appeal before the appellate authority under Section 6(f) of the Explosives Act.

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4. There are disputed questions of fact involved in this writ petition. Further, as rightly pointed out by the Additional learned Public Prosecutor and the learned Government Advocate, there is a statutory remedy to file an appeal under the Explosives Act.

5. Accordingly, the Writ Petition is disposed of with liberty to the petitioner to file the appeal as prescribed under Section 6 (f) of the Explosives Act. No costs. Consequently, connected miscellaneous petition is closed.

07.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes/No cp/ars TO

1. The Revenue Divisional Officer, Thirumangalam Sub Division,

2. The Superintendent of Police, Madurai District, 4/6

3. The Inspector of Police, Checkanurani Police Station,

4. The Tahsildar, Taluk Office,

4. The Village Administrative Officer, VAO Office, A.Kokkulam Village, Usilampatti Taluk, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 5/6

SUNDER MOHAN,J CP/ARS

ORDER

IN WP CRL.(MD) No.1560 of 2025 Date : 07/11/2025 6/6