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1994 Supreme(Mad) 978

RAJU
M. Ganapathy Swamy – Appellant
Versus
The District Collector, Periyar District, Erode – Respondent


Advocates Appeared:
For the Petitioner:N.R. Chandran Senior Counsel for M.S. Umapathy, P. Jagadeesan, and T. Teekaraman, Advocates.
For the Respondents:R1 to R3- R. Ponnusamy, Additional Government Pleader, R5 - K. Sengottian, Advocate, R6 & R7 - A. Thiagarajan, Advocates.

Judgment :-

1. The above writ petition has been filed for issue of a writ of certiorarified mandamus to call for the records and quash the proceedings of the 3rd respondent in G.O.(D) No. 873, Home Cinema S.O. Department, dated 12.9.1994 whereunder the 3rd respondent exercising the powers of revision, has rejected the revision petition filed by the petitioner. The salient features of the facts which are relevant for deterrmining the issue in question are as hereinafter:

The petitioner and three others by name R. Shanmugham, M. Kumarasami and R. Perumalsami found a partnership firm known as Ganapathysamy & Partners. It is seen that initially a share of each one of the four partners was equal, each having 25% of the shares. At the time of hearing before me, it has been brought to my notice by the learned counsel for the 5th respondent that there has been subsequent change in the percentage of shares held and that the present position is that the petitioner owns 20% of the snares whereas the 5th respondent owns 40%, 4th respondent 10% and respondents 6 and 7 together owning 30% of share in the firm. The partnership firm represented by four partners have applied for and obtained Form, Cl













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