High Court · 2025

W.P.(MD)No.12057 of 2023BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 18.12.2025CORAM:THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMYW.P.(MD)No.12057 of 2023andW.M.P.(MD)No.10359 of 2023Maniraj ... Petitioner -vs-1.The District Collector, Thoothukudi District, Thoothukudi.2.The Commissioner, Thoothukudi Corporation, Thoothukudi.3.The Thasildar, Thoothukudi District, Thoothukudi.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the seal and unlock the subject packaged drinking water manufacturing unit run by the petitioner under the name and style of M/s.Sundar Aqua Firms at 183 Palayamkottai Road, Thoothukudi, to continue and carry out the manufacturing of packaged drinking water. ____________Page 1 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12057 of 2023For Petitioner : Mr.S.RameshFor R1 and R3 : Mr.K.Balasubramani Special Government PleaderFor R2: Mr.N.AnandakumarORDERThis Writ Petition has been filed seeking a Writ of Mandamus directing the respondents to remove the seal and unlock the subject packaged drinking water manufacturing unit run by the petitioner in the name and style of M/s.Sundar Aqua Firms, situated at No. 183, Palayamkottai Road, Thoothukudi, and to permit the petitioner to continue and carry on the manufacture of packaged drinking water.2. The learned counsel for the petitioner submitted that, in the present case, without any prior notice to the petitioner, the respondents suddenly entered the premises and sealed the same. Thereafter, the petitioner filed the present Writ Petition. This Court, by order dated 18.05.2023, passed the following order:-''Mr.M.Sarangan, learned Additional Government Pleader takes notice for the respondents 1 and 3 and Mr.N.Anandakumar, learned Standing Counsel takes notice for the second respondent.____________Page 2 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12057 of 20232. This writ petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents to remove the seal and unlock the subject packaged drinking water manufacturing unit run by the petitioner under the name and style of M/s.Sundar Aqua Firms at 183, Palayamkottai Road, Tuticorin to continue and carry out the manufacturing of packaged drinking water.3. Mr.V.Ragavachari, learned Senior Counsel appearing for the petitioner would submit that the petitioner is the proprietor of M/s.Sundar Aqua Firms and he is running a package drinking water production unit at the above mentioned address. He has taken a land on lease from Sornabai who is the mother and title holder. The said premises comprised with a building with a built up extent of 1500 sq.ft and vacant site of 4560 sq.ft.. In the same premises, a pipe line and a bore-well are also available attached with 0.5 H.P Motor. The petitioner is using the above bore well water for domestic purposes. The said Unit has been run by the petitioner with due permission from the departments concerned and the consent order under the Water Act and Air Act and Pollution Control Board have also been properly obtained by the petitioner. To his shock and surprise, on 27.04.2023, the respondents 2 and 3 along with other members and officials visited the Unit under the colour of inspection and have falsely accused that Unit. Without hearing any of their explanation and making proper inspection, the respondents closed the petitioner's Unit and sealed the same on the very same day. The learned Senior Counsel further categorically submitted that if the ____________Page 3 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12057 of 2023respondents found any doubt about the conduct of the Unit, they can disconnect the pipe line. 4. In view of the above submissions, this Court is of considered opinion that the act of the respondents in locking and putting the seal on the petitioner's industrial Unit is highly unwarranted. The said exercise has been done without issuing any notice to the petitioner, but only on the basis of the findings of the inspection. Moreover, such exercise would amount to interfering with the right of carrying out the business run by the petitioner, which is guaranteed under Article 19(1)(g) of the Constitution of India, though any business is subject to reasonable restriction enumerated under Article 19(6) of the Constitution of India. Hence, there shall be an interim direction to the respondents to remove the seal and unlock the subject packaged drinking water manufacturing unit run by the petitioner under the name and style of M/s Sundar Aqua Firms at 183 Palayamkottai Road, Tuticorin thereby allowing to continue and carry out the manufacturing of packaged drinking water till the disposal of the writ petition. Further, the respondents can issue notice on the basis of the findings which they arrived on the basis of the inspection on 27.04.2023 and proceed with the enquiry against the petitioner unit, in accordance with law.5. Post the matter on 08.06.2023 for filing counter.''____________Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12057 of 20233. By virtue of the interim order dated 18.05.2023, this Court directed the respondents to remove the seal and unlock the subject packaged drinking water manufacturing unit run by the petitioner. Accordingly, the seal was removed and the petitioner has been running the said unit as on date.4. The learned Special Government Pleader appearing for the respondents 1 and 3 and the learned Standing Counsel appearing for the second respondent also confirmed the said fact.5. Since the main prayer in the Writ Petition was to remove the seal and unlock the subject property, and the same was already granted by this Court by way of an interim order dated 18.05.2023, pursuant to which the petitioner has been running the unit, this Court is of the considered view that, in the event, the respondents intend to take any action against the petitioner in future, they shall do so only after issuing due notice and affording an opportunity of hearing to the petitioner, and thereafter, proceed in accordance with law for any alleged violation of the rules and conditions governing the operation of the packaged drinking water manufacturing unit.____________Page 5 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12057 of 20236. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.NCC : Yes / No 18.12.2025Index : Yes / No smn2To:-1.The District Collector, Thoothukudi District, Thoothukudi.2.The Commissioner, Thoothukudi Corporation, Thoothukudi.3.The Thasildar, Thoothukudi District, Thoothukudi.____________Page 6 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12057 of 2023KRISHNAN RAMASAMY , J. smn2W.P.(MD)No.12057 of 202318.12.2025____________Page 7 of 7