Madras High Court
Emmanuel Full Gospel Mission Turst vs The Superintendent Of Police on 15 June, 2022
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
W.P.No.10557 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2022
CORAM:
THE HON'BLE MR.JUSTICE N. SATHISH KUMAR
W.P.No.10557 of 2022
Emmanuel Full Gospel Mission Turst
Rep. by its Trustee S.P.Tuhin Samuel,
No.8D, Kumarasamy Street,
Rasipuram – 637 408, Namakkal District. ...
Petitioner
Vs
1. The Superintendent of Police,
Namakkal District at Namakkal.
2. The Inspector of Police,
Rasipuram Police Station,
Rasipuram – 637 408, Namakkal District.
3. The Village Administrative Officer,
Rasipuram Village, Rasipuram – 637 408.
4. Karthick
5. S.Baskar ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, to issue a writ of Mandamus to direct the second respondent to
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W.P.No.10557 of 2022
deseal the petitioner's Emmanuel Full Gospel Mission Trust, Hospital
some portions, it is situated in Survey No.T.S.No.174/13, Ward I,
Kumarasamy Street, Salem Road, Rasipuram, Namakkal District
forthwith.
For Petitioner : Mr.M.Fracis Xavier
For Respondents : Mr.A.Gokulakrishnan,
Additional Public Prosecutor.
ORDER
This Writ Petition has been filed to deseal some portions of the petitioner's Full Gospel Mission Trust Hospital, which was sealed by the second respondent.
2. It is the contention of the learned counsel for the petitioner that the petitioner Trust is the owner of the property and the property has been let out to the fifth respondent for running Ayurvedic Physiotheraphy Centre. As the fifth respondent has carried out illegal activities in the said premises, the First Information Report has been registered against the fifth respondent and others and the premises has been sealed without even hearing the petitioner, who is the owner of the party. Page No.2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.10557 of 2022
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 3.
4. Admittedly the petitioner has not been prosecuted for any such offence. Only the tenant has committed some offence in the premises and he has been proceeded separately for the offences under Sections 3(1), 4(1), 4(2)(c), 5(1) (a) of the Immortal Traffic (Prevention) Act, 1956.
5. Having regard to the fact that the perpetrators of the crime was already proceeded under the Immortal Traffic (Prevention) Act, 1956 and preventing the owner from entering and maintaining the lodging house would amount to infringe the constitutional right of the property owner and the premises of the petitioner has been sealed only on the basis of the FIR registered against the tenant and others, the sealing of the premises violates the nature of justice and the same has to be desealed by the second respondent.
6. Accordingly, this Writ Petition is allowed and the second Page No.3 of 5 https://www.mhc.tn.gov.in/judis W.P.No.10557 of 2022 respondent is directed to deseal the portions of the petitioner's Emmanuel Full Gospel Mission Trust Hospital which is situated in Survey No.T.S.No.174/13, Ward I, Kumarasamy Street, Salem Road, Rasipuram, Namakkal District, forthwith.
15.06.2022 Index: Yes/No Internet: Yes/No vrc To
1. The Superintendent of Police, Namakkal District at Namakkal.
2. The Inspector of Police, Rasipuram Police Station, Rasipuram – 637 408, Namakkal District.
3. The Village Administrative Officer, Rasipuram Village, Rasipuram – 637 408.
4. The Public prosecutor High Court, Madras.
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