IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:13.03.2026 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.M.P.No.10549 of 2026 Jagan Natarajan ... Petitioner Vs

1.The Commissioner, Tamil Nadu Food Safety and Drug Administration, DMS Campus, No.359, Anna Salai, Teynampet, Chennai-600 006.

2.The Designated Officer, District Food Safety Officer, Food Safety and Drug Administration Departmeent, Chengam Road, Tiruvannamalai District.

3.The Food Safety Officer, Arani Municipality, Arani, 4.The Inspector of Police, Arni Town Police Station, PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2^nd Respondent to remove the lock and seal placed on the petitioner’s shop namely “Natarajan Stores” situated at No.1, Balaji Nagar, Malayampattu Road, Saidapet, Arni Municipalaiy, Tiruvannamalai District -632 301 and hand over possession of the shop to the petitioner by considering the petitioner’s representation dated 25.02.2026, within the time frame as may be fixed by this Hon’ble Court.

For Petitioner : Mr.M.Munirathinam For Respondents : Mr.E.Sundaram, Government Advocate for RR-1 to 3 : Mr.V.Meghanathan, Government Advocate (Crl.Side)

O R D E R

The present Writ Petition has been filed seeking a direction to the

2^nd Respondent to remove the lock and seal placed on the petitioner’s shop namely “Natarajan Stores” situated at No.1, Balaji Nagar, Malayampattu Road, Saidapet, Arni Municipalaiy, Tiruvannamalai District -632 301 and hand over possession of the shop to the petitioner by considering the petitioner’s representation dated 25.02.2026, within the time frame as may be fixed by this Hon’ble Court.

2. Mr.E.Sundaram, learned Government Advocate takes notice on behalf of respondents 1 to 4. Mr.V.Meghanathan, learned Government Advocate (Crl.Side)

takes notice on behalf of the 4^th respondent.

3. The petitioner is running a petty retail grocery shop duly registered under the Food Safety and Standards Act, 2006. On 03.02.2026, the 4^th respondent police registered an FIR in Crime No.49 of 2026 for the offences under Sections 275, 123 of BNS and Section 24(1) of the Cigarettes and other Tobacco Products Act, 2003 wherein, the petitioner’s father alone was arrayed as one of the accused and the petitioner was not implicated. The grievance of the petitioner is that, by proceedings dated 17.02.2026, the respondents sealed the petitioner’s shop without any prior notice, alleging involvement of the petitioner in the sale of banned Tobacco and consequently cancelled the FSSAI Registration Certificate of the petitioner’s shop. Aggrieved by which, the petitioner submitted a representation 25.02.2025 to the respondents requesting to de-seal the premises which did not evoke any response and therefore, in order to espouse the said cause, the present Writ Petition has been filed.

4. Learned counsel appearing for the petitioner submitted that, the shop stands in the name of the petitioner, merely because an FIR has been registered against the petitioner’s father, the respondents cannot seal the petitioner’s shop that too without any prior notice which is in violation of principles of natural justice.

5. Per Contra, learned Government Advocate appearing for respondents 1 to 3 submitted that, when an offender is found to be in illegal possession of any banned products such as pan tobacco, there is no necessity to issue any prior notice. He further submitted that, earlier, such banned products were found outside the petitioner’s shop and in view of the repeated offence, the shop was sealed. Accordingly, he prayed for dismissal of the Writ Petition.

6. Heard the learned appearing on either side and perused the materials available on record.

7. Admittedly, the petitioner is running a petty retail grocery shop in the name and style “Natarajan Stores” and holds a valid registration certificate. In view of the fact that FIR in question was registered against the petitioner’s father for selling pan