M/S. Thana Industries Private Limited, v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI M/s. Thana Industries Private Limited, Regd. Office at Flat No.33/97, Sub Lane 2, Salem Road, Namakkal- 637001 rep.by Managing Director Mr.P.Dhanasekar.
...Petitioner
Vs
1. The Managing Director, Tamil Nadu Warehousing Corporation, 82, Anna Salai, Guindy, Chennai-600 032.
2. The Manager (Business) Tamil Nadu Warehousing Corporation, 82, Anna Salai, Guindy, Chennai-600 032.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to
recognize Thana Industries Private Limited as per the incorporation under the Companies Act by considering the representation of the petitioner dated 25.9.2024.
For Petitioner:
Mr.P.Kannan Kumar
ORDER
This is a petition filed by the petitioner seeking a direction to the respondents to consider their representation dated 25.9.2024 to recognize them as per the incorporation under the Companies Act.
2. Heard the learned counsel for the petitioner. In view of the limited nature of relief this Court proposes to grant, notice to the respondents is dispensed with and the writ petition itself is taken up for final disposal.
3. The case of the petitioner is as follows:
(i) The petitioner company was started in 1997 as a partnership firm. They are engaged primarily in handling and transportation of
various goods like fertilizers, food grains, etc., including transportation of items from the warehouses to godowns and from goods train to warehouses based on the work order. Due to increased turnover and volume of business, the petitioner was advised to convert the partnership firm into a private limited company. Pursuant to that, the partnership firm was converted into a private limited company as mandated under Section 366 of the Companies Act, 2013.
(ii) The conversion was completed on 02.7.2024 and the new entity was registered with the Ministry of Corporate Affairs. Later, on account of conversion into private limited company, the GST number also got changed. The respondent Corporation was established under the Agricultural Produce (Development of Warehousing) Corporation Act, 1956 and is functioning under the purview of the Warehousing Corporation Act, 1962. The respondent Corporation is functioning in the State of Tamil Nadu with 60 warehouses and is floating tenders for the handling of food grains, etc. The petitioner is also regularly participating in the tender process.
(iii) Whenever the petitioner participated in the tender process for
handling of food grains, etc., the subordinate level officers of the respondent Corporation were treating the petitioner company as a new one and they did not count the earlier records pertaining to the partnership firm though the conversion was recognized by the other corporations functioning under both the Central and the State Governments. (iv) Hence, the petitioner sent a representation dated 25.9.2024 to the second respondent seeking to take note of the fact that the partnership firm was converted into a private limited company and that the process was completed even on 02.7.2024 and requested to update the records with the respondents. Since the said representation has not yet been considered, the petitioner is before this Court.
4. The appropriate Authority is the first respondent.
5. Considering the limited nature of the prayer sought for and without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to the petitioner to send a copy of the said representation dated 25.9.2024 to the first respondent within a period of
two weeks from the date of receipt of a copy of this order. On receipt of such a representation, the first respondent shall consider the same on merits and pass appropriate orders thereon in accordance with law within a period of four weeks therefrom.
07-04-2026 Index: Yes/No Speaking/Non-speaking order To
1. The Managing Director Tamil Nadu Warehousing Corporation, 82, Anna Salai, Guindy, Chennai-600 032.
2. The Manager (Business) Tamil Nadu Warehousing Corporation, 82, Anna Salai, Guindy, Chennai-600 032.
RLI
M.DHANDAPANI, J.
RLI 07-04-2026