Petition for Mandamus Granted: Auction Ordered to Remove Seals

The court found the current petition seeking mandamus to remove lock and seal by the Central Excise Department maintainable, despite a previous dismissal of a similar petition by the petitioner's predecessor. The judge noted the petitioner's efforts to evict the tenant and ordered the immediate auction of remaining goods inside the sealed premises. The respondents were directed to hand over vacant possession to the petitioner within two months, irrespective of auction outcomes. The judgment concluded without costs, closing the Miscellaneous Petition.

---

---

Issues:
1. Petition seeking mandamus to remove lock and seal by Central Excise Department.

Analysis:
The petitioner filed a Writ Petition seeking a mandamus to direct the Department of Central Excise to remove the lock and seal placed on their premises and hand over vacant possession. The property in question was originally owned by C. Kamala, and a portion was let out to D. Venkatesan, who failed to pay excise duty, resulting in the sealing of the premises by the respondents in 2010. The petitioner, who purchased the property, sought relief as a portion of the property remained under lock and seal.

The Central Government Standing Counsel argued that a previous writ petition by the petitioner's predecessor, C. Kamala, with a similar prayer was dismissed in 2011, making the current petition not maintainable. However, the judge noted that subsequent to the earlier petition, the petitioner had filed for eviction and obtained an order in 2013, terminating the tenant's lawful occupation. As the tenant's whereabouts were unknown, the judge found the present petition maintainable.

The respondents had sold some movable properties inside the sealed premises through public auction previously, but due to unsold items, the lock and seal persisted. The judge clarified that the petitioner was not obligated to keep the goods for the benefit of the Central Excise Department after the tenant's eviction. Recognizing the need for the respondents to auction the remaining items, the judge directed immediate action for the sale of the properties through public auction within two months, mandating vacant possession handover to the petitioner regardless of auction success. The judgment concluded without costs, closing the related Miscellaneous Petition.

---