Madras High Court
M/S.S.S & Co vs The District Revenue Officer And on 6 June, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.11665 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.11665 of 2024
and
W.M.P(MD)No.10411 of 2024
M/s.S.S & Co.,
Represented by its Partner
Ajmeer Khan,
Door No.15, Sahib Hasrath Street,
M.K.Garden, Town & Village,
Chennai. ... Petitioner
Vs.
1.The District Revenue Officer and
Additional District Magistrate,
Virudhunagar District,
Virudhunagar.
2.The Special Tahsildar
(Matches and Fireworks – Investigation),
Sivakasi,
Virudhunagar District.
3.The Village Administrative Officer,
V.Muthulingapuram Village,
Virudhunagar Taluk,
Virudhunagar District. ... Respondents
https://www.mhc.tn.gov.in/judis
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W.P(MD)No.11665 of 2024
Prayer: Writ petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents to de-seal
and unlock the two store rooms in the petitioner's firecrackers Magazine
and provide open access to the petitioner's firecrackers Magazine situated
in S.No. 262/4,5,6, 264/3,4,5,6 V.Muthulingapuram Village,
Virudhunagar Taluk and District in reference to the petitioner's License
No. E/HQ/TN/21/1718(E56659) in Form LE-3 and consequently permit
the petitioner to peacefully run the business operation in the petition
mentioned firecrackers Magazine.
For Petitioner : Mr.N.Dhilipkumar
For Respondents : Mr.N.GA.Natraj
Government Advocate
ORDER
Heard both sides.
2.The second respondent herein sealed the petition mentioned premises on the ground that the petitioner was found to manufacture crackers in violation of the norms laid down by the Hon'ble Supreme Court of India.
3.I wanted to know if the statute enables the revenue authority to seal the petitioner's premises. My attention has not been drawn to any such statutory power.
https://www.mhc.tn.gov.in/judis 2/6 W.P(MD)No.11665 of 2024
4.The learned Government Advocate however submitted that the authority resorted to the act of sealing only for the purpose of storing the seized goods.
5.The object of the authority may be in order. But that will not validate an action that is otherwise illegal and without jurisdiction. In fact, Section 38 of the Food Safety and Standards Act, 2006 would call upon the owner of the premises to assume responsibility for the seized materials. A similar approach can very well be adopted in this case also. An inventory can be taken and the petitioner can be made responsible for the safe and proper custody of the seized crackers.
6.The second respondent and the petitioner shall co-ordinate between themselves on 08.06.2024 in the forenoon in this regard. It is open to the second respondent to videograph and photograph the seized material. The petitioner shall undertake to keep safe custody of the seized material and make it available as and when the prosecution demands.
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7.The learned counsel appearing for the petitioner would strongly plead that the manufacture of the crackers is not in contravention of the norms laid down by the Hon'ble Supreme Court of India. This issue can be decided by the learned trial Magistrate. In this writ petition the said issue is left open.
8.I confine the issue only to the legality of the act of sealing done by the second respondent. I hold that the second respondent's act is illegal. The second respondent is directed to de-seal the premises forthwith and without any delay. The keys in respect of the petition mentioned premises shall also be returned to the petitioner. The entire exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.
9.This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
06.06.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
MGA
Note: Issue order copy on 07.06.2024. https://www.mhc.tn.gov.in/judis 4/6 W.P(MD)No.11665 of 2024 To
1.The District Revenue Officer and Additional District Magistrate, Virudhunagar District, Virudhunagar.
2.The Special Tahsildar (Matches and Fireworks – Investigation), Sivakasi, Virudhunagar District.
3.The Village Administrative Officer, V.Muthulingapuram Village, Virudhunagar Taluk, Virudhunagar District.
https://www.mhc.tn.gov.in/judis 5/6 W.P(MD)No.11665 of 2024 G.R.SWAMINATHAN,J.
MGA W.P(MD)No.11665 of 2024 and W.M.P(MD)No.10411 of 2024 06.06.2024 https://www.mhc.tn.gov.in/judis 6/6