JAYAKUMAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This Writ Petition has been filed seeking for a direction, directing the respondents to unseal and unlock the building, by name, "Velavan Lodge", situated in Samayapuram Naal Road, Maruthur East, Trichy District, by considering the petitioner's representation, dated 26.06.2020.

(2.) The case of the petitioner is that the petitioner is running a Lodge in the name of "Velavan Lodge" near Samayapuram Naal Road, Trichy, for the past 22 years. Due to spread of the novel coronovirus, and by obeying the announcement of Lock-down made by the Government, the petitioner did not open the said Lodge from 24.03.2020. After the closure, on 04.06.2020, the petitioner opened the said Lodge, for maintenance, with minimum number of labours and at that time, for the reasons best known to the Respondent No.6, he registered a case in Crime No.733 of 2020, for the offence under Sections 3(1) , 3(2)(a) , 3(2)(b) , 4(1) of The Immoral Traffic (Prevention) Act, against the petitioner. Thereafter, on 05.06.2020, the Respondent Nos. 4 and 6 came and sealed the Lodge. Before making the lock and seal, the petitioner did not issue any order in respect to the closure of lodge. The non-offering explanation from the petitioner is arbitrary and also against the doctrine of principles of natural justice.

(3.) The learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that after the registration of the case, the first respondent viz., the District Collector, Trichy District, passed an order on 19.06.2020, cancelling the licence to run the Lodge and only thereafter, the Respondent Nos.4 and 6 came to the lodge and sealed the same. He further added that without challenging the order passed by the District Collector, Trichy District, filing this writ petition by the petitioner herein is unnecessary.