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[12/6, 18:11] Sekarreporter: IN THE HIGH COURT OF JUDICATURE OF MADRAS 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.