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2026 Supreme(Online)(Mad) 31613

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
S.Guruprasadh – Appellant
Versus
The Commissioner Tamil Nadu Food Safety And Drug Administration Department – Respondent
WP No. 213 of 2024 and WMP.Nos.253 & 251 of 2024



Advocates:
For the Appellants/Petitioners: Mr.C.Prabakaran
For the Respondents:Mr.E.Sundaram for R1 and R2 Government Advocate, Mr.V.Meghanathan for R3 Government Advocate (Crl.Side)

Court directs fresh representation for de-sealing shop post-compounding of gutka offence.

Headnote:First Paragraph: Under Article 226 of the Constitution of India, the petitioner challenges a communication dated 29.11.2023 issued by the Designated Officer regarding sealing of a petty shop for possessing banned gutka, where the offence was compounded but the shop remains sealed post three years. The court finds it appropriate to direct a fresh representation without merits determination. Second Paragraph: The issue framed is the failure to de-seal the shop after compounding the offence. The ratio decidendi emphasizes procedural fairness by mandating consideration of representation on merits within stipulated timelines. Third Paragraph: The writ petition stands disposed of.

Table of Content
1. petition challenges shop sealing communication post-gutka compounding. (Para 1 , 2)

ORDER

This petition has been filed challenging the communication of the second respondent dated 29.11.2023.

2. It is the case of the petitioner that the petitioner is running a petty shop, however, his shop was sealed on the ground that he was possessing banned gutka, and subsequently, the offence was compounded, however, it is the grievance of the petitioner that even after expiry of three years, his shop is not desealed. Hence, this writ petition

3. The learned counsel for the petitioner submitted that this Court may permit the petitioner to file a representation seeking for desealing the shop.

4.Heard both sides and perused the materials placed on record.

5.Considering the facts and circumstance of the case, this Court without going into the merits of the case directs the petitioner to make a fresh representation to the official respondents within a period of two weeks from the date of receipt of a copy of this Order and thereafter, the official respondents shall consider the representation of the petitioner and pass appropriate orders on merits and in accordance with law by reconsidering the impugned order within a period of four weeks thereafter.

6. Accordingly, this writ petition stands disposed of. No costs.

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