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Madras High CourtWP(MD)/35204/2025allowed

Sheela v. The State Represented By The District Collector

2025-12-10Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.35204 of 2025 Sheela

...Petitioner

Vs

1. The State Represented by The District Collector, Kanyakumari District, Nagercoil.

2. The Commissioner, Nagercoil Municipal Corporation, Kanyakumari District.

3. The Inspector of Police, Asaripallam Police Station, Kanyakumari District.

4. The Inspector of Police, All Women Police Station Nagercoil, Kanyakumari District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 2 to open the lock and seal and hand over the possession of the institute to the petitioner in Door No.6/150, Third Floor, Parvathipuram by considering the representation dated 24.11.2025.

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For Petitioner : M/s.S.Jebastin For Respondents : M/s.D.Farjana Ghoushia Special Government Pleader for R1 Mr.F.Deepak Standing Counsel for R2 Mr.S.Prakash Government Advocate(crl.side) for R3 and R4

ORDER

The present writ petition has been filed seeking a mandamus as against the respondents 1 and 2 to open the lock and seal and hand over the possession of the building to the petitioner in Door No.6/150, Third Floor, Parvathipuram, by considering her representation dated 24.11.2025.

2. The petitioner's husband was running a NEET entrance exam coaching Centre. There was an allegation of sexual harassment of one of the students by the petitioner's husband. Based upon the complaint, the first respondent has issued a direction to the police authorities to lock and seal the building. Therefore, the building is under lock and seal from 05.09.2024 onwards. 2/6

3. According to the learned counsel appearing for the writ petitioner, now they have decided to wind up the coaching institute which is being run in a rental premises. Therefore, they have made a request for removing the lock and seal so that they can shift the installed goods and hand over the building to the landlord.

4. The writ petitioner filed an affidavit dated 10.12.2025. Paragraph Nos. 9 and 10 of the affidavit are extracted as follows:- "I humbly submit that I have decided to windup the coaching institute which was running in the above rental building and vacate the premises with immediate effect once the lock and seal of the building opened by the 2nd respondent.

I humbly submit that I am ready to pay the entire rental arrear amount as per the agreement entered between the rental building owner and me dated 28.05.2024 and vacate the premises to the owner of the rental building once my installed goods were removed from coaching institute."

5. In view of the affidavit, the respondents herein are directed to remove the lock and seal of the building concerned to enable the petitioner to shift the goods from the premises. It is made clear that this order is being passed only to vacate the rental building and hand over the possession to the landlord. The petitioner cannot run the institute there.

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6. With the above said observations, this writ petition stands allowed to the extent as stated above. No costs.

7. The petitioner is directed to approach the third respondent police with a copy of the order. As and when he approaches, the third respondent is directed to render assistance forthwith.

10.12.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 4/6

To

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Commissioner, Nagercoil Municipal Corporation, Kanyakumari District.

3. The Inspector of Police, Asaripallam Police Station, Kanyakumari District.

4. The Inspector of Police, All Women Police Station Nagercoil, Kanyakumari District.

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R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.35204 of 2025 10.12.2025 6/6