Disposed¶25

M/S.Coimbatore Gunny Merchants Association v. the Revenue Divisional Officer

Madras HC17 Feb 2025WP/5155/2025

Case brief

AI extract

What is this about?

Madras High Court writ petition mandamus de-seal sealed office premises M/s. Coimbatore Gunny Merchants Association Ukkadam Coimbatore; RDO South peace committee meeting 'A' party 'B' party; Section 145 Criminal Procedure Code locking order not challenged; O.S. No. 285 of 2024 V Additional District Judge Coimbatore; direction to file Interlocutory Application in pending civil suit; disposed of 17.02.2025; Justice D. Bharatha Chakravarthy; society management faction dispute; Article 226 Constitution of India.

What did the court decide?

No substantive relief granted; the writ petition was disposed of with observations directing the petitioner to seek interlocutory relief in the pending suit O.S. No. 285 of 2024, with no costs. ¶25

M/S.Coimbatore Gunny Merchants Association Vs the… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No substantive relief granted; the writ petition was disposed of with observations directing the petitioner to seek interlocutory relief in the pending suit O.S. No. 285 of 2024, with no costs.

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Issue for consideration

Whether the respondents should be directed, by writ of mandamus, to de-seal the office premises at No.42, CGMA Tower, L.N. Street, Ukkadam, Coimbatore and permit the petitioner's members elected on 25.12.2021 (present office bearers) to resume office till the disposal of O.S. No. 285 of 2024.

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Court's answer

Since the parties have already filed civil suit O.S. No. 285 of 2024 before the V Additional District Judge, Coimbatore, they can move an Interlocutory Application in that same suit, and when the petitioner files such an application, it shall be considered as expeditiously as possible by that Court.

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Key takeaways

The order keeping the premises locked was passed in the realm of Section 145 of the Criminal Procedure Code, and those orders were not challenged by either party; the petitioner's plea is that the subsequent situation does not warrant keeping the premises under lock and seal.obiter¶19

Detailed headnote1 paragraphs

High Court of Judicature at Madras (single judge, D. Bharatha Chakravarthy, J.), by order dated 17.02.2025, disposed of W.P. No. 5155 of 2025, a petition under Article 226 of the Constitution seeking a mandamus to de-seal the office premises of M/s. Coimbatore Gunny Merchants Association at No.42, CGMA Tower, L.N. Street, Ukkadam, Coimbatore, and to let the members elected on 25.12.2021 resume office until disposal of O.S. No. 285 of 2024. The premises had been locked following a peace committee meeting convened by the first respondent-Revenue Divisional Officer amid a two-group dispute over management of the Society, an order the court characterised as falling in the realm of Section 145 of the Criminal Procedure Code and unchallenged by both parties. Observing that the parties had already filed civil suit O.S. No. 285 of 2024 on the file of the V Additional District Judge, Coimbatore pursuant to the Tasildar's order, the court held that they can move an Interlocutory Application in that suit, which would be considered as expeditiously as possible; the writ petition accordingly stood disposed of with no costs.

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W.P. No. 5155 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.02.2025

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CORAM

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THE HON'BLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY

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W.P. No. 5155 of 2025

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M/s. Coimbatore Gunny Merchants Association, Represented by its President, V.M. Ubaidur Rahman

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.. Petitioner

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Versus

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1.The Revenue Divisional Officer, Office of the RDO South, Coimbatore.

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2.The Inspector of Police, Ukkadam Police Station, Coimbatore. .. Respondents Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to de-seal the office premises situated at No.42, CGMA Tower, L.N. Street, Ukkadam, Coimbatore and permit the petitioner i.e., members elected on 25.12.2021 who are the present office bearer to resume the office till the disposal of the suit filed by the petitioner in O.S. No. 285 of 2024 pending on the file of the V Additional District Judge, Coimbatore.

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For Petitioner : Ms. S. Abhinaya Shree For Respondents : Dr. S. Suriya, for R1 Additional Government Pleader Dr. C.E. Pratap, for R2 Government Advocate

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O R D E R

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1/4 https://www.mhc.tn.gov.in/judis

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W.P. No. 5155 of 2025

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This Writ Petition is filed for a mandamus directing the respondents to deseal the office premises situated at No. No.42, CGMA Tower, L.N. Street, Ukkadam, Coimbatore,

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The brief factual matrix in which the writ petition arises is that, there seems to be conflict between two groups with reference to the management of the petitioner-Society.

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Under the said circumstances, when the appropriate authority namely the first respondent-Revenue Divisional Officer conducted a peace committee meeting between 'A' party and 'B' party, he ordered that the parties should seek remedy before appropriate civil Court and in the meanwhile, the premises would remain locked.

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When such an order is passed, it is in the realm of under Section 145 of the Criminal Procedure Code and the said orders are not challenged by both parties. The plea of the petitioner is that, subsequently the situation does not warrant to keep the premises under lock and seal and they must be permitted to operate.

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2/4 https://www.mhc.tn.gov.in/judis

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W.P. No. 5155 of 2025

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Pursuant to the order of the Tasildar, when the parties have already filed

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civil suit in O.S. No. 285 of 2024 on the file of the V Additional District Judge,

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Coimbatore, the parties can very well move such an Interlocutory Application in the same suit and as and when, the said application is filed by the petitioner, the same shall be considered, as expeditiously as possible by the said Court.

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