Madras High Court
WP(MD)/18949/2024 of G.Venkateshwaran Vs The Tahsildar on 12 October 2026
WP(MD) No. 18949 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY
WP(MD) No. 18949 of 2024
CNR:{HCMD010812672024}
and
WMP(MD) Nos.16005, 16008 & 16010 of 2024
G.Venkateshwaran,
S/o.Govindaraj,
The Proprietor,
M/s.Sri Andal Medicals Shop,
Door No.129/5, Ground Floor,
Ramakrishnapuram,
Srivilliputhur Taluk,
Virudhunagar District.
..Petitioner(s)
Vs
1. The Tahsildar,
Virudhunagar District.
2. The Inspector of Police,
Amathur Police Station,
Virudhunagar District.
3. The Drug Inspector,
Virudhunagar Range,
Virudhunagar District.
(R3 was impleaded vide court's order dated 21.08.2024 in WMP(MD) No.17025/2024)
..Respondent(s)
WP(MD) No. 18949 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the first respondent made in his proceedings in Na.Ka.No.A1/4523/2023 dated 19.10.2023, quash the same as illegal and consequently direct the first respondent to de- seal and unlock the petitioner's medical shop namely M/s.Sri Andal Medicals Shop situated at No.12A/5, Ground Floor, Madurai Road, Srivilliputhur, Virudhunagar District.
For Petitioner :
Mr.M.Viji
For R1 & R3 :
Mr.R.Parthiban
Special Government Pleader
For R2 :
Mr.R.Mohamed Riyaz
Government Advocate (Crl. Side)
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ORDER
Order dated 19.10.2023 of the first respondent placing the petitioner's medical shop, namely, M/s.Sri Andal Medicals Shop, situated at No.12A/5, Ground Floor, Madurai Road, Srivilliputhur, Virudhunagar District, under lock and seal is challenged in this Writ Petition.
2. Relying on the order dated 13.05.2024 imposing an aggregate fine of Rs.80,000/- on the petitioner in relation to the violation of various provisions of the Drugs and Cosmetics Act, 1940, the learned counsel for
WP(MD) No. 18949 of 2024 the petitioner submits that the entire fine amount was paid. In these circumstances, he submits that the impugned order is liable to be set aside.
3. Referring to written instructions, learned Special Government Pleader for the first and third respondents submits that the Tahsildar has stated that he has no objection to desealing of the premises, subject to obtaining a No Objection Certificate from the Drug Inspector and the police.
4. The impugned order was issued after noticing that Nitrazepam Tablets IP 10 mg (NITRAVET-10) were sold without prescription. The said order was issued in October 2023. Pursuant to a complaint lodged by the Drug Inspector, an order dated 13.05.2024 was issued, inter alia, imposing an aggregate fine of Rs.80,000/- on the petitioner. There is evidence that the fine amount was also paid. Considering this aspect, the impugned order cannot remain in force indefinitely. Therefore, the said order is set aside. This is, however, without prejudice to any other proceedings that may be pending in relation to the manner in which the petitioner operated the medical shop. The desealing of the premises shall be effected within two weeks from the date of receipt of a copy of this order.
WP(MD) No. 18949 of 2024
5. This Writ Petition is disposed of on the above terms. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. 12-10-2026 Index: No Speaking Neutral Citation: No JEN To
1. The Tahsildar Srivilliputhur Taluk, Virudhunagar District.
2. The Inspector of Police Amathur Police Station, Virudhunagar District.
3. The Drug Inspector, Virudhunagar Range, Virudhunagar District.
WP(MD) No. 18949 of 2024 SENTHILKUMAR RAMAMOORTHY, J. JEN WP(MD) No. 18949 of 2024 12-10-2026