P.Moorthy v. C.Shanmugathai (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2025

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Rev. Aplw(MD)No.115 of 2025 and W.M.P(MD) Nos.15862 and 15863 of 2025 in W.P(MD) No.14278 of 2025

1. P.Moorthy

2. M.Ganesan ... Petitioners 3rd Parties - Vs1. C.Shanmugathai (Died)

2. T.C.Panchavadivu ... Respondents 1 and 2/ Petitioners

3. The District Collector, Virudhunagar District, Virudhunagar.

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

5. The Deputy Works Manager, Government Printing Press, K. Pudur, Race Course Road, Madurai - 625 007.

... Respondents 3 to 5/ Respondents 1 to 3 1/6

PRAYER: Review Petition is filed under Order 47 Rule 1 of C.P.C., R/w Rule 29 of Madras High Court Writ Rules 2021, praying this Court to review the order dated 21.05.2025 made in W.P(MD) No.14278 of 2025 on the file of this Court.

For Petitioner : Mr.P.Alagusundaram For R2 : Mr.S.M.Ananthamurugan For R3 to R5 : Mr.G.V.Vairam Santhosh Additional Government Pleader

ORDER

The present Review Application has been filed seeking to review the order passed by this Court on 21.05.2025 made in W.P(MD) No. 14278 of 2025.

2. A perusal of the records reveal that the petitioners therein have sought for a Mandamus as against the official respondents that a partnership firm in the name and style of "Sri Durkesh Fireworks" Sivakasi, has already been dissolved and therefore, they have sought to have a direction as against the respondents to publish the same in the 2/6

Government Gazette in Virudhunagar District as per Section 72 of the India Partnership Act, 1932.

3. When the Writ Petition came up for hearing on 21.05.2025, the learned Additional Government Pleader appearing for the respondents, on instructions, submitted that they have already forwarded the said application to the Government Press, however, it has been returned on the ground that the petitioner has not signed in the application form.

4. In view of the above said submission, this Court has passed an order directing the authorities effect publication in the Government Gazette as and when the petitioners comply with the return order passed by the Government Press.

5. Pursuant to the orders of this Court, Gazette publication has also been made on 23.06.2025, declaring the dissolution of the concerned firm.

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6. The present Review Application has been filed by two partners of the concerned firm contending that they have raised an objection before the Registrars of Firms with regard to the dissolution of the firm which is sought to be dissolved that it has not been dissolved and the said issue is yet to be decided by the Registrars of firms. He further submits that unless the Registrar of Firms decides the said issue and records the dissolution of firm, a Gazette Publication cannot be made. He further submits that now the Gazette Publication has been made, without any recording the dissolution by the Registrar of Firms. Hence, the present Review Application.

7. Considering the fact that already Gazette Publication has been effected, the petitioners herein are at liberty to challenge the said Notification. That apart, they are always at liberty to proceed with their objection which is pending before the Registrar of Firms. 4/6

8. With the above said observation, this Review Application stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.

20.08.2025 Index : Yes/No Internet : Yes/No NCC : Yes/No ebsi To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The District Revenue Officer, Virudhunagar District, Virudhunagar.

3. The Deputy Works Manager, Government Printing Press, K. Pudur, Race Course Road, Madurai - 625 007.

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R.VIJAYAKUMAR,J.

ebsi Rev. Aplw(MD)No.115 of 2025 and W.M.P(MD) Nos.15862 and 15863 of 2025 in W.P(MD) No.14278 of 2025 20.08.2025 6/6