Madras High CourtWP(MD)/17685/2022disposed of

Marimuthu.S v. The District Revenue Officer,

2025-11-12Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.17685 of 2022 and W.M.P(MD)No.21998 of 2022 S.Marimuthu ..Petitioner Vs.

1.The District Revenue Officer, Virudhunagar District, Virudhunagar.

2.The Special Tahsildar, Inspector of Fire Works and Match Factory, Sivakasi Taluk, Virudhunagar District.

3.Velmurugan 4.S.Perumal 5.M.Chellpandi (R5 is impeaded vide order dated 16.10.2024 in WMP(MD)No.14498 of 2024) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to issue fresh Arms Act Licence in Form-II in the petitioner name with respect to our Partnership Firm M/s. Ariammal Fire Works for acquisition and use Sulphur by cancelling the existing Licence No. 87/2007 in the name of deceased Partner Mr.Yalpadi on the basis of the petitioner's Application made under Form -A dated 16.02.2022 within the time stipulated by this Court.

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For Petitioner : Mr.J.Lawrence For Respondents : Mrs.S.Jeyapriya Govt. Advocate (for R1 and R2) Mr.S.Alagusundar (for R3) Mr.S.M.Ananthamurugan (for R4)

ORDER

This writ petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to issue a fresh Arms Act Licence in Form-II in the name of the petitioner in respect of the partnership firm M/s. Ariammal Fire Works for acquisition and use of sulphur, by cancelling the existing Licence No. 87/2007 standing in the name of the deceased partner, Mr. Yalpadi, on the basis of the petitioner's application made under Form-A dated 16.02.2022, within a time frame to be fixed by this Court.

2. Heard both sides.

3.The learned counsel for the petitioner submitted that the partnership firm M/s. Ariammal Fire Works was originally granted a licence under the Arms Act in the name of one of its partners, Mr. Yalpadi, who has since passed away. The petitioner, being one of the surviving partners of the firm, submitted an application in Form-A dated 16.02.2022 seeking a fresh 2/5

licence in his name as required under the relevant provisions of the Arms Act and Rules. However, despite the lapse of considerable time, the authorities have not taken any action on the said application. The learned counsel further submitted that the factory property and its assets are now proposed to be purchased by the co-owners.

4. Considering the submissions made, this Court is of the view that since the original licence holder, Mr. Yalpadi, is no more, and the property is now being dealt with by the co-owners, it is open to the person or persons in whose name the factory stands allotted to submit a fresh application for the grant of a new licence. The first respondent shall consider such application, if submitted, in accordance with law. While doing so, the first respondent shall take note of the fact that the earlier licence had been granted to the partnership firm, and the firm's continuity and ownership details shall be duly verified before passing appropriate orders. No costs. 12.11.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No skn 3/5

To 1.The District Revenue Officer, Virudhunagar District, Virudhunagar.

2.The Special Tahsildar, Inspector of Fire Works and Match Factory, Sivakasi Taluk, Virudhunagar District.

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P.T.ASHA, J.

skn Writ Petition(MD)No.17685 of 2022 and W.M.P(MD)No.21998 of 2022 12.11.2025 5/5