Dismissed

P. Harishkumar, v. the Chief Controller of

Madras HC16 Oct 2023WP(MD)/16525/2012

Case brief

AI extract

What is this about?

Petitioner challenged an explosives license obtained by family members via a partnership agreement claiming fraud, alleging dilution of his legal heir interest. Court noted the writ did not challenge the license legally and the period had lapsed.

What did the court decide?

Writ petition dismissed; liberty to file Civil Suit for title claims within four weeks, excluding writ pendency from limitation period.

P. Harishkumar, Vs the Chief Controller of — Property and Title | Madras HC (2023)

¶1

W.P.(MD) No.16525 of 2012

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 16.10.2023

¶4

CORAM:

¶5

THE HONOURABLE MS.JUSTICE B.PUGALENDHI

¶6

W.P.(MD) No.16525 of 2012

P.Harishkumar

... Petitioner

Vs.

1.The Chief Controller of Explosives, Department of Explosives, Government of India, 5^th Floor, Central Government Office Complex, Nagpur, Maharastra State.

¶11

2.The Joint Chief Controller of Explosives, Department of Explosives, Government of India, Rukmani Lakshmipathy Road, Egmore, Chennai.

¶12

3.The Deputy Chief Controller of Explosives, Department of Explosives, F.R.R.D.C. Building, Sivakasi West, Sivakasi, Virudhunagar District.

¶13

_________ Page 1 of 7

¶14

https://www.mhc.tn.gov.in/judis

¶15

W.P.(MD) No.16525 of 2012

¶16

4.The District Revenue Officer, Virudhunagar District, Virudhunagar.

¶17

5.S.Pitchaikani

¶18

6.N.S.Kalirajan 7.A.Kartheeswari

8.N.Grahalakshmi

9.K.Vairappalam

10.P.Vignesh Kumar

11.V.Arumugasamy

12.A.Vasanthavikas

... Respondents

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 to cancel the license granted from 19.07.2011 till 31.03.2013 under Form 20 and 21 in the name of M/s.Karthi Fireworks, Sivakasi forthwith and not to renew the license further.

¶26

For Petitioner : Mr.M.P.Senthil For R1 to R3 : Mr.P.Subbiah CGSC For R11 and R12 : Mr.A.Sivaji For R4 : Mr.J.K.Jeya Selan Government Advocate

¶27

_________ Page 2 of 7

¶28

https://www.mhc.tn.gov.in/judis

¶29

W.P.(MD) No.16525 of 2012

¶30

ORDER

¶31

This petitioner has approached this Court for issuance of writ of Mandamus, directing the respondents 1 to 3 to cancel the license granted from 19.07.2011 till 31.03.2013 in the name of M/s.Karthi Fireworks, Sivakasi forthwith and not to renew the license further.

¶32

The petitioner is the grandson of one Shenbagakutti Nadar. The petitioner's grandfather is running the Fireworks factory in the name and style of Karthi Fireworks in Survey Nos.1257, 1269, 1270/1, 2B, 1271/1A, 2A, 2B, 2B2, 2B1, 2B3A, 2B3B, 1271/2B2, 1B, 1274/2A, 2B, 1273/2A1, 2B1, 2A2, 1273/2B2, 1B, 1274/2A and 2B at Anuppankulam Village, Sivakasi Taluk, Virudhunagar District. Shenbagakutti Nadar as the Kartha, was managing the said Fireworks factory, namely, Karthi Fire Works with the help and assistance of his sons, S.Pitchaikani/5^th respondent and one N.S.Kalirajan/6^th respondent.

¶33

The petitioner's grandfather, namely, Shenbagakutty Nadar died on 03.06.2003 leaving the respondents 5 to 9 herein as his legal heirs. Under a registered partition deed dated 22.02.2005, the said properties

¶34

_________ Page 3 of 7

¶35

https://www.mhc.tn.gov.in/judis

¶36

W.P.(MD) No.16525 of 2012

¶37

along with other properties were partitioned between them and the properties related to Karthi Fireworks were allotted to the petitioner's father, namely, S.Pitchaikani/5^th respondent. After that, the petitioner and her brother, namely, Vigneshkumar/10^th respondent herein are in joint possession and enjoyment of the properties.

¶38

The petitioner's grievance is that the petitioner's father and his brother had fraudulently created the records and entered into a partnership agreement on 20.07.2003, under the name and style of Karthi Fireworks. Respondents 5 and 6 herein with the collusion of respondents 11 and 12 fraudulently created a document by way of inducting the respondents 11 and 12 as Partners in the said Karthi Fireworks with an intention to defeat the petitioner's interest in the firm. Now, the respondents 10 and 11 have obtained license for running the fire works in the name of Vadivelu Fire Park and running the fire works factory.

¶39

This writ petition was filed on 17.12.2012 and notice was

¶40

ordered on 19.12.2012 and further notice was ordered on 27.11.2019. The petitioner has not taken any steps and failed to pay the batta for the 6^th respondent till date.

¶41

_________ Page 4 of 7

¶42

https://www.mhc.tn.gov.in/judis

¶43

W.P.(MD) No.16525 of 2012

¶44

If the petitioner is having a claim that he is also having the right over the property of his grandfather, he can establish the same before the competent Civil Court.

¶45

This writ petition is filed for writ of Mandamus to cancel the license granted from 19.07.2011 till 31.03.2013 in the name of M/s.Karthi Fireworks and not to renew the license hereafter. This writ petition is filed without challenging the license in the manner known to law. The period of license is also over and therefore, nothing survives in this writ petition. Hence, this writ petition is dismissed with liberty to the petitioner to file Civil Suit claiming his title over the subject property. In the event of filing the civil suit, such suit will be filed within a period of four weeks from the date of receipt of a copy of this order. Civil Court shall exclude the period of the pendency of this writ petition before this Court for calculating the limitation and shall proceed with the suit in accordance with law. No Costs.

¶46

16.10.2023

¶47

NCC : Yes/No Index : Yes/No Internet : Yes/No tta

¶48

_________ Page 5 of 7

¶49

https://www.mhc.tn.gov.in/judis

¶50

W.P.(MD) No.16525 of 2012

¶51

¶52

1.The Chief Controller of Explosives, Department of Explosives, Government of India, 5^th Floor, Central Government Office Complex, Nagpur, Maharastra State.

¶53

2.The Joint Chief Controller of Explosives, Department of Explosives, Government of India, Rukmani Lakshmipathy Road, Egmore, Chennai.

¶54

3.The Deputy Chief Controller of Explosives, Department of Explosives, F.R.R.D.C. Building, Sivakasi West, Sivakasi, Virudhunagar District.

¶55

4.The District Revenue Officer, Virudhunagar District, Virudhunagar.

¶56

_________ Page 6 of 7

¶57

https://www.mhc.tn.gov.in/judis

¶58

W.P.(MD) No.16525 of 2012

¶59

B.PUGALENDHI,J

¶60

tta

¶61

W.P.(MD) No.16525 of 2012

¶62

Dated: 16.10.2023

¶63

_________ Page 7 of 7

¶64

https://www.mhc.tn.gov.in/judis

P. Harishkumar, v. the Chief Controller of

Case brief

What is this about?

What did the court decide?

P. Harishkumar, v. the Chief Controller of

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

S.Gopinath Vs Omana

Haji M. Nainar Mohamed Vs M.Abdul Rahman

N.Jeyaram Vs S.Nagarajan

Mrs. Nalini Kumari Vs Laila Banu

Ilayangudi Muslim Educational Association Vs the State of Tamil Nadu

T.Sethuram Babu Vs the District Collector