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Madras High CourtWP(MD)/31281/2025disposed of

M/S.R.V.Agro Marketers v. The Assistant Director Of Agriculture

2025-12-02Honourable Mr Justice Krishnan Ramasamy10 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 02.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.31281 of 2025 and W.M.P.(MD)Nos.24476, 24477 & 24482 of 2025 M/s.R.V.Agro Marketers Rep by its Proprietor Mr.T.Venkatahalapathy, S/o. Thirupathy, Shop No.195, Agri Input Trade Centre, Mattuthavani, Madurai - 625007.

... Petitioner Vs

1. The Assistant Director of Agriculture, Madurai West, Melakanmoi Street, Tallakulam, Madurai - 625002.

2. Rajeshkannan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Letter No.Thi13/2025-2026 dated 21.08.2025 issued by the 1st respondent and quash the same as illegal and 1/10

to direct the 1st respondent to permit petitioner to continue petitioner's business of selling insecticides at Shop No.195, Agri Inputs Trade Centre, Mattuthavani, Madurai, under permanent licence No.MDU/ME/PP/8/2019.

For Petitioner : Mr.S.Balaji For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1 Mr.s.S.Modharshini for R2

O R D E R

This Writ Petition is filed challenging the impugned order in Letter No.Thi13/2025-2026 dated 21.08.2025, passed by the 1st respondent, wherein, the petitioner was directed to not to carry out business activities in the subject premises.

2. According to the petitioner, he is having a permanent license for the sale of insecticides issued by the 1st respondent at Shop No.N195, Agri Inputs Trade Centre, Mattuthavani, Madurai. The said license was issued on 03.04.2019. The said shop was purchased by the 2/10

petitioner and the 2nd respondent. Thereafter, the petitioner applied for change of address from Shop No.N195 to Shop No.J163, within the same Trade Centre. Thereafter, on 02.01.2025, again the petitioner made a representation to shift his business from Shop No.J163 to Shop No.N195. However, the same has not been considered by the first respondent. Since there was a dispute between the petitioner and the 2nd respondent, the second respondent lodged a complaint to the 1st respondent. The petitioner has also filed a civil suit in O.S.No.414 of 2025, before the I Additional District Court, Madurai, with regard to the said property dispute. In the meantime, the 1st respondent passed the impugned order, directing the petitioner not to carry out business activities in both premises. Challenging the said order, the petitioner has filed this Writ Petition.

3. The learned Special Government Pleader appearing for the first respondent would submit that no application was made by the petitioner to shift the Shop from Shop No.J163 to Shop No.N195. Since there is a dispute between the petitioner and the 2nd respondent, the petitioner's license was suspended. He further submits that if any 3/10

application is filed to run his business at Shop No.N195 with necessary fee, the same will be considered in accordance with law.

4. The learned counsel appearing for the 2nd respondent would submit that he is the co-sharer in the property of Shop No.N195 and Shop No.J163. She further submits that the license of the petitioner has also been cancelled. Hence, if the petitioner is getting license, they have no objection to run the shop at Shop No.N195 by the petitioner.

5. Considering the facts and circumstances of the case, this Court directs the petitioner to file an application for getting license to run his business at Shop No.N195, along with necessary fees. If any such application is made, the first respondent is directed to issue license within two weeks from the date of receiving the application from the petitioner, if the petitioner is fulfilling all the terms and conditions. It is made clear that the petitioner is permitted to run the shop only after getting license.

6. With the above direction, this Writ Petition is disposed of. 4/10

There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

02.12.2025 Index : Yes/No Internet: Yes/No vsm To The Assistant Director of Agriculture, Madurai West, Melakanmoi Street, Tallakulam, Madurai - 625002.

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KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.31281 of 2025 02.12.2025 6/10

W.P.(MD).No.31281 of 2025 KRISHNAN RAMASAMY.J., Today, the matter is listed under the caption "For Being Mentioned" at the instance of the learned counsel appearing for the second respondent.

2. Accepting the submissions of the learned counsel appearing for the second respondent, the following paragraphs are incorporated in the order portion as Paragraph Nos.4(a) and 6. Consequently, the existing 7/10

Paragraph Nos.6 in the order portion is re-serialised as Paragraph No.7. "4(a). The learned counsel appearing for the second respondent would submit that insofar as Shop No.J163 is concerned, the second respondent has made an application for the grant of licence. In that regard, the learned counsel appearing for the petitioner would submit that the petitioner has no objection to the second respondent for running the shop in Shop No.J163. She would further submit that as far as Shop No.N195 is concerned, the petitioner has made an application for the grant of licence. She would further submit that the grant of any licence in respect of Shop No.J163 or Shop No.N195 shall be subject to the outcome of the partition suit pending between the parties.

5...........

6. Accordingly, the petitioner is permitted to run Shop No.N195 and the second respondent is 8/10

permitted to run Shop No.J163, provided they have obtained the requisite licence. It is made clear that such permission shall be subject to the outcome of the partition suit, which shall ultimately determine the rights of the parties in respect of the subject properties."

3. Registry is directed to carry out the necessary corrections and issue fresh order copy to the parties concerned. 06.01.2026 TSG KRISHNA RAMASAMY .J., TSG W.P.(MD).No.31281 of 2025 9/10

06.01.2026 10/10