THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.31230 of 2019adhering to the principles of natural justice. Since the entire action of sealing the petitioner’s hotel without following the principles of natural justice is illegal, this Court would justified in invoking its extraordinary powers under Article 226 of the Constitution of India.
DATED: 26.11.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.31230 of 2019
Mypreferred Transformation
and Hospitality Private Limited,
Rep by its Authorised Signatory
having its registered office at
9
th Floor, SpazePalazo, Southern
Peripheral Road, Sector 69, Gurgaon,
Haryana 122 001. …Petitioner
Vs
1.The District Collector, Coimbatore,
State Bank Road, Beside Police Office,
Gopalapuram, Coimbatore,
Tamil Nadu 641 018.
[12/6, 18:11] Sekarreporter: PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying
for the issue of a Writ of Mandamus, directing the respondents 1 to 4 herein to de-seal
the petitioner’s premises at 71-72, Hindustan Avenue, Nava India Road, Avinashi Road,
Coimbatore 641 028, Tamil Nadu and further declare that the action taken and sealing
thereof by the respondents herein is illegal and bad in law.
For Petitioner : Mr.K.Chandrasekaran
For Respondents : Mr.C.Iyyapparaj for R1 to R4
Additional Public Prosecutor
ORDER
The petitioner herein is an assignee of the Lease Deed with the fifth respondent and
he is running Hire Service Apartments at 71-72, Hindustan Avenue, Nava India Road,
Avinashi Road, Coimbatore 641 028, Tamil Nadu.
The case of the petitioner is that on 25.06.2019, at 11.00 a.m., a search was
conducted in the premises by a team from the office of the Tahsildar, Peelamedu
Police Station. During the course of such search, it is stated that certain liquor bottles
were found inside one of the rooms occupied by the guests and in one room two
adults, male and female, who were not married with each other were staying. The
premises came to be sealed by the Team without any written order which has
prompted the petitioner to file the present Writ Petition.
[12/6, 18:11] Sekarreporter: petitioner with regard to the contemplated action of sealing the premises.
Particularly, in the background of the present case that the alleged immoral activities
in the club may not be an offence, it would have been just and proper for the
respondents called for explanation, before taking any coercive steps against the
petitioner.
The learned Additional Public Prosecutor also submitted that the premises did not
possess building license in Form ‘D’ of the Revenue Department and the Booking
Registers were not properly maintained. Assuming that such lacuna were discovered
by the authorities, these can only termed as infirmities, which required to be
addressed by calling for explanation from the petitioner and thereafter take further
course of action, thereby adhering to the principles of natural justice. Since the
entire action of sealing the petitioner’s hotel without following the principles of
natural justice is illegal, this Court would justified in invoking its extraordinary
powers under Article 226 of the Constitution of India.
For all the aforesaid reasons, the Writ Petition stands allowed. Consequently, the
first respondent herein is directed to de-seal the petitioner’s premises at 71-72,
Hindustan Avenue, Nava India Road, Avinashi Road, Coimbatore 641 028, Tamil Nadu
forthwith, in any event, within a period of two days from the date of receipt of copy
of this order. No costs.
