Disposed¶43

V.Sasikani v. the District Collector

Madras HC3 Jul 2025WP/18571/2025

Case brief

AI extract

What is this about?

desealing of firecrackers godown; return of seized crackers; writ of mandamus; Article 226 of the Constitution of India; cracker fire destroyed godown; FIR Crime No.440-2024 and 441-2024 u/s 287 BNS dated 13/07/2024; godown sealed, key with Police; Mahazar and inventory prepared; retention causing financial loss; possession to landlord/owner of property; follows earlier order W.P.(MD)No.4214 of 2024 dated 15.03.2024; District Collector Coimbatore; Tahsildar Annur Taluk; Village Administrative Officer Kanjapalli; Madras High Court; W.P.No.18571 of 2025; disposed of, no costs.

What did the court decide?

The respondents were directed to return the crackers to the petitioner, deseal the premises and hand over possession of the property to its owner; the writ petition was disposed of in these terms with no order as to costs. ¶43

V.Sasikani Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the respondents to consider the petitioner's representation dated 16.09.2024, de-seal the godown, permit the petitioner to retrieve the crackers and deliver possession of the property to the landlord. +1 more

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Court's answer

Following the earlier order in W.P.(MD)No.4214 of 2024 dated 15.03.2024, and on finding that a Mahazar and inventory had already been prepared and that retention of the goods would cause financial loss to the petitioner, this Court directed the respondents to return the crackers, deseal the premises and hand over the property to its owner.

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Ratio / Principle

This Court held that the issue involved in the present case is covered by its earlier order in W.P.(MD)No.4214 of 2024 dated 15.03.2024 and expressed its inclination to follow that order.

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Detailed headnote1 paragraphs

Madras High Court (N. Anand Venkatesh, J.), W.P.No.18571 of 2025, decided 03.07.2025 — Writ petition under Article 226 by V.Sasikani seeking a mandamus to the District Collector, Coimbatore, the Tahsildar, Annur Taluk and the Village Administrative Officer, Kanjapalli, to act on her representation dated 16.09.2024 seeking desealing of a firecrackers godown, return of the crackers and delivery of possession to the landlord. One of two godowns had been destroyed in a cracker fire; the other was sealed after an FIR (Crime Nos.440-2024 and 441-2024, u/s 287 BNS, dated 13/07/2024) and the key lay with the Police. Holding the issue covered by its earlier order in W.P.(MD)No.4214 of 2024 dated 15.03.2024, and noting that a Mahazar and inventory had already been prepared and that continued retention would cause financial loss, the Court directed the respondents to return the crackers, deseal the premises and hand over the property to its owner. Petition disposed of; no order as to costs.

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W.P.No.18571 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.07.2025

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CORAM

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THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

W.P.No.18571 of 2025

V.Sasikani

.. Petitioner

The District Collector Coimbatore District.

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The Tahsildar Office of the Annur Taluk

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Annur, Coimbatore – 641 653.

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The Village Administrative Officer Kanjapalli, Annur Coimbatore – 641 653.

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.. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus, directing the respondents to consider the petitioner's representation dated 16.09.2024 and de-seal the go-down and permit the petitioner to unlock and taken back the crackers and deliver possession to the landlord.

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For Petitioner : Mr.T.Annaamalai For Respondents : Mr.T.M.Rajangam Government Advocate

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Page No.1 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.18571 of 2025

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ORDER

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This writ petition has been filed for issue of a writ of mandamus, directing the respondents to act upon the representation made by the petitioner on 16.09.2024, wherein, the petitioner has requested for desealing the godown and to permit the petitioner to take back the crackers and thereafter to handover the possession of the property to the landlord.

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2. When the matter was taken up for hearing today, the learned Government Advocate appearing on behalf of the respondents produced written instructions received from the second respondent. The relevant portion is extracted hereunder:-

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Page No.2 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.18571 of 2025

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ntz ; oa [ s ; sjhy miwapd r P y cilj ; J gl ; lhRfis fzf ; fpl ; L bfhLf ; f jFe ; j eltof ; if bfhLf ; FkhW nfhug ; gl ; lJ/

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3) vdnt ghh ; it 2y ; fhZk ; nfhak ; g [ j ; Jhh ; tlf ; F tUtha ; nfhl ; lhl ; rpah ; mth ; fspd ; bray ; Kiwfs ; e/f/4518-2024M3 ehs ; 27/10/2024 ,d ; go btobghUs ; rl ; l tpjpfSf ; F cl ; gl ; L fhty ; Jiw kw ; Wk j P aizg ; g Jiw Mfpnahh ; fspd ; Kd ; dpiyapy ; nkw ; go chpikjhuUld ; gl ; lhR ,Ug ; gpuid fzf ; f P L bra ; J mwpf ; if rkh ; g ; gpf ; FkhW cj ; jut [ tug ; bgw ; wjd ; nghpy ; fle ; j 14/11/2024 md ; W nkw ; go Fnlhd ; fshdJ md ; Dhh ; tl ; lhl ; rpah ; . kz ; ly Jiz tl ; lhl ; rpah ; . md ; Dhh ; tlf ; F tUtha ; Ma ; thsh ; . f" ; rg ; gs ; sp fpuhk eph ; thf mYthsh ; kw ; Wk ; tHf ; fpy ; bjhl ; h ; g [ ila rrpfdp Mfpnahh ; fspd ; Kd ; dpiyapy ; jpwf ; fg ; gl ; L. nkw ; go Fnlhd ; fspy cs ; s gl ; lhRfshdJ fzf ; f P L bra ; ag ; gl ; L/ nkw ; go Fnlhd ; dhdJ kjpak ; 1/53 kzpf ; F r P y ; itf ; fg ; gl ; L. md ; Dhh ; cjtp fhty ; Ma ; thsh ; mth ; fsplk ; nkw ; go Fnlhd ; fspd ; jpwt [ nfhyhdJ md ; Dhh ; tUtha ; tl ; lhl ; rpauhy xg ; gilf ; fg ; gl ; lJ vd ; gija [ k ; . nkw ; go Fnlhd ; fs jw ; nghija epiyapy ; fhty ; Jiwapd trk xg ; gilf ; fg ; gl ; L fhty ; JiwapdUila ghJfhg ; gpd ; f P H ; cs ; sJ/”

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3. Heard Mr.T.Annaamalai , learned counsel for the petitioner and Mr.T.M.Rajangam , learned Government Advocate for the respondents.

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Page No.3 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.18571 of 2025

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4. It is clear from the materials placed before this Court and

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also the written instructions received from the second respondent that there were two godowns, out of which, one godown was completely reduced to ashes due to the cracker fire. In the other godown, crackers are available and since First Information Report has been registered by Police, it has been sealed and the key is now in possession of the Police.

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5. The issue involved in the present case is covered by the earlier order passed by this Court in W.P.(MD)No.4214 of 2024 dated 15.03.2024. The relevant portions are extracted hereunder:-

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“2. The petitioner is engaged in the fire crackers business. The petitioner's godown was sealed on the ground that he kept the petition mentioned articles in an unlicensed place. The petitioner gives an undertaking that he will not use any unlicensed place for keeping or storing the fire crackers. The petitioner's undertaking is recorded. The materials have been kept in the sealed premises.

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3. The first respondent has sealed the petition mentioned premises. Crime No.490 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

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Page No.4 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.18571 of 2025

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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 take back the goods and also dispose them of. The petitioner gives an undertaking that he will remit a sum of Rs.5,000/~ towards cost in the bank account of Saksham (Savings Account No.50100575869426, IFSC Code :HDFC0009496, HDFC Bank, Race Course Branch, Coimbatore). This amount shall be utilized for leprosy treatment and rehabilitation activities. Upon furnishing the proof of remittance in favour of Saksham, the premises shall be unsealed.”

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6. I am inclined to follow the above order. On going through the written instructions received from the second respondent, it is seen that already, Mahazar has been prepared and an inventory has been taken. Since retention of goods will cause financial loss to the petitioner, the respondents are directed to return back the crackers and deseal the premises, and the property has to be handed over to the owner of the property.

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7. This writ petition is disposed of in the above terms. There

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Page No.5 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.18571 of 2025

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shall be no order as to costs.

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03.07.2025