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P.Thenmozhi v. The Sub Collector

Madras HC8 Sept 2025WP/1460/2021

Case brief

AI extract

What is this about?

Mandamus; Article 226; writ of mandamus; pawn broking licence; public auction of pledged/unredeemed jewels; Sri Thirumala & Co. partnership of 12 partners; complaint by claimed partner S.Subramani; halted auction; representation dated 29.10.2020; order dated 22.09.2018 No.3622/2018/A1; Sub Collector / RDO / Tahsildar Tiruppur; direction to consider representation within four weeks; disposed of, no costs.

What did the court decide?

Direction to the first respondent to consider and pass orders on the petitioner's representation dated 29.10.2020 within four weeks from receipt of a copy of the order, if there is no legal impediment and if not already considered; writ petition stands disposed of with no costs. ¶30

P.Thenmozhi Vs The Sub Collector — Writ and Judicial Review | Madras HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08-09-2025

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CORAM

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THE HONOURABLE MR JUSTICE M.DHANDAPANI

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WP No. 1460 of 2021

P.Thenmozhi

Petitioner(s)

The Sub Collector Tiruppur District.

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2.The Revenue Divisional Officer, Office Of The Revenue Divisional Office, Tiruppur.

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3.The Tahsildar, Tiruppur South Division, Tiruppur.

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4.S.Subramani

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Respondent(s)

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PRAYER: This writ petition has been filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 29.10.2020 and consequently, permit the petitioner to conduct auction of the jewels in pursuance of the order of the first respondent dated 22.09.2018 bearing No.3622/2018/A1.

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For Petitioner(s): Mr.P.Nallamalai Pandi For Respondent(s): Mrs.S.Anitha, SGP RR1 to 3 R4 Not ready notice

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

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ORDER

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This petition has been filed seeking a direction to the first respondent to consider the representation of the petitioner dated 29.10.2020 and consequently, permit the petitioner to conduct auction of the jewels in pursuance of the order of the first respondent dated 22.09.2018 bearing No.3622/2018/A1.

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It is the case of the petitioner that the petitioner is running a partnership business consisting of 12 partners in the name and style of Sri Thirumala & Co. situated at KVR Nagar, Tiruppur. The partnership business is carrying out the business of pawn broking under the license obtained from the respondent. In the course of business, the jewels which were pledged by the customers and not redeemed back within the specified time has to be disposed of at the earliest. As such the fist respondent herein for grant of permission to conduct auction for selling the jewels and the first respondent by order dated 22.09.2018 sought permission to conduct public auction for auctioning the jewels While being so, on the date of auction, the first respondent suddenly directed the petitioner not to conduct the auction. On enquiry, it was informed by the first respondent that one Subramani, the second respondent, who claims to be a partner in the Sri Thirumala & Co. has given a complaint against the petitioner and other partners. The petitioner was called for enquiry and he also made his explanation. However, till today, the respondent did not accorded permission for auctioning the jewels. Therefore, the inaction on the part of the

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

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respondent is causing serious prejudice. Hence, this Writ petition.

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The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider and pass orders on the petitioners representation dated 29.10.2020 within the stipulated time as fixed by this Court.

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The learned Special Government Pleader submitted that the

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representation will be considered and appropriate orders will be passed within the stipulated time as fixed by this Court.

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Heard the learned counsel for the petitioner and the learned Government counsel for the respondents and perused the materials available on record.

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Considering the facts and circumstances of the case and having regard the submissions made by the learned counsel on either side, this Court directs the first respondent to consider and pass orders on the petitioner's representation dated 29.10.2020, if there is no legal impediment, within a period of four weeks from the date of receipt of a copy of this order, if not already considered.

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

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M. DHANDAPANI, J

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rli

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