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W.P(Crl)MD.No.1691 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 29.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

AND

THE HONOURABLE MS.JUSTICE R.POORNIMA

W.P(Crl)MD.No.1691 of 2025

A.Z.Mohamed Haroon ... Petitioner/Petitioner

Vs.

1.The District Collector,

O/o.District Collectorate,

Theni,

Theni District.

2.The Tahsildar,

Uthamapalayam Taluk,

Theni District. ... Respondents/Respondents

PRAYER:- Petition filed under Article 226 of the Constitution of

India, to issue a Writ of Certiorarified Mandamus, to call for the

records pertaining to O.P.No.01 of 2023 on the file of the learned

Principal District Judge, Theni District by order dated 19.02.2025

which confirmed the impugned order of the first respondent in ROC

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W.P(Crl)MD.No.1691 of 2025

No.42008/2022/C2 dated 12.10.2022 and to set aside the same as

illegal and consequently direct the respondent to de-seal the

petitioner property situates at Door No.18F, Ward 13, Cumbum

Mettu Road, Cumbum, Theni District.

For Petitioner : Mr.C.M.Arumugam

For Respondents : Mr.R.Baskaran

Additional Advocate General

Assisted by

Mr.D.Ghandhi Raj

Special Government Pleader

ORDER

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.)

This Writ Petition is directed as against the order passed in

O.P.No.01 of 2023, on the file of the learned Principal District

Judge, Theni District, dated 19.02.2025, thereby dismissing the

petition and confirming the order passed by the first respondent

dated 12.10.2022, thereby sealing the premises owned by the

petitioner situated at Door No.18F, Ward 13, Cumbum Mettu Road,

Cumbum, Theni District.

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W.P(Crl)MD.No.1691 of 2025

2.Heard the learned counsel appearing on either side and

perused the materials placed on record.

3.The petitioner owns the commercial property situated at

Door No.18F, Ward 13, Cumbum Mettu Road, Cumbum, Theni

District. It was rented out to a social service organization by name

M/s.Popular Front of India, for office purposes from September

2021 to July 2022. After completion of the lease period, the

organization vacated the premises and handed over the vacant

possession on 31.07.2022. Thereafter, on 01.09.2022, the petitioner

entered into another rental agreement with one Harunn Musthafa for

his Crane Martial Arts Academy's office.

4.While being so, the erstwhile tenant, M/s.Popular Front

of India, was declared unlawful and a ban was imposed on the

society for the period of five years. In pursuance of this declaration,

the first respondent on 12.10.2022, sealed the premises owned by the

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W.P(Crl)MD.No.1691 of 2025

petitioner, asserting that the banned organization had tenancy rights

over the premises. The premises were sealed and an inventory report

was prepared. All the articles listed in the inventory report are inside

the premises and belong to the second tenant ie., Crane Martial Arts

Academy's Office. The premises have been kept idle and unused. As

a result, the new tenant is unable to run its office and has also not

been paying any rent to the petitioner. Therefore the notice dated

12.10.2022 was challenged before the Principal District Court, Theni

in O.P.No.01 of 2023 under Section 8(8) of the Unlawful Activities

(Prevention) Act, 1967 (in short hereinafter referred to as 'the Act,

1967'). However without considering the above facts and

circumstances, the District Court dismissed the petition. Aggrieved

by the same, the present writ petition.

5.On perusal of the records, it is revealed that the subject

premises are admittedly owned by the petitioner and the banned

organization was the erstwhile tenant under the petitioner. The

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W.P(Crl)MD.No.1691 of 2025

premises were locked and sealed without any prior notice to either

the tenant or the pet

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