Madras High Court
S.Rajeshwari vs The Divisional Lpg Sales Head on 19 March, 2025
Author: S.Srimathy
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)No.325 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.325 of 2025
and
C.M.P(MD)Nos.2521 & 2523 of 2025
S.Rajeshwari ... Appellant/3rd Party
vs.
1.The Divisional LPG Sales Head,
Indane Divisional Office,
Indian Oil Corporation Limited,
No.2, Race Course Road,
Chockikulam,
Madurai – 625 002. ... 1st Respondent/Respondent
2.V.Thriugnanasambandam ... 2nd Respondent/Writ Petitioner
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 09.08.2024 made in W.P(MD)No.13009 of 2024 on the file of this
Court.
1/6
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W.A(MD)No.325 of 2025
For Appellant : Mr.R.Anand
For R – 1 : Mr.K.Muraleedharan
For R – 2 : Mr.H.Lakshmi Shankar
JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.)
The present Writ Appeal is filed against the order passed by the Writ
Court dated 09.08.2024 made in W.P(MD)No.13009 of 2024.
2.The second respondent/writ petitioner has filed the Writ Petition
for a writ of Certiorarified Mandamus, to quash the order dated 11.06.2024
passed by the first respondent and consequently direct the first respondent to take
appropriate action regarding the reconstitution of dealership based on the Will
executed by V.Thirugnanasambandam's father dated 27.09.2001.
3.The writ Court, by order dated 09.08.2024 allowed the Writ
Petition and set aside the impugned rejection orders and directed the first
respondent to reconsider the petition mentioned dealership recognizing the
second respondent/writ petitioner as the sole proprietor of the Jothi Gas Agencies.
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Challenging the same, the appellant as third party has filed the present Writ
Appeal.
4.Heard Mr.R.Anand, learned counsel appearing for the appellant,
Mr.K.Muraleedharan, learned counsel appearing for the first respondent and
Mr.H.Lakshmi Shankar, learned counsel appearing for the second respondent and
perused the materials available on record.
5.The appellant is the sister of the second respondent-
V.Thirugnanasambandam. According to her, the writ Court has given validity of
the Will, dated 27.09.2001. It appears that after passing of the orders in the Writ
Petition, a civil suit has been filed. This Court is of the considered opinion that
the Writ Court cannot confirm the validity of the Will and it has to be proved as
per law and the appropriate Court is the Civil Court. Accordingly, the Civil Court
shall consider the Will, dated 27.09.2001 and the letter dated 07.01.2022, as per
law, uninfluenced by the order passed by the Writ Court. In case, if there is any
mense profits which the appellant is eligible that also can be claimed in the civil
suit.
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6.With the above observation, this Writ Appeal is disposed of. There
shall be no order as to costs. Consequently, connected Miscellaneous Petitions are
closed.
[J.N.B.,J.] & [S.S.Y.,J.]
19.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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To
The Divisional LPG Sales Head,
Indane Divisional Office,
Indian Oil Corporation Limited,
No.2, Race Course Road,
Chockikulam,
Madurai – 625 002.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
ps
ORDER MADE IN
DATED : 19.03.2025
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