WP/13218/2026 of M/s. Thana Industries Private Limited, Vs The Managing Director
W.P.No.13218 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
W.P.No.13218 of 2026
M/s. Thana Industries Private Limited,
Regd. Office at Flat No.33/97,
Sub Lane 2, Salem Road,
Namakkal- 637001 rep.by
Managing Director Mr.P.Dhanasekar.
...Petitioner
Vs
1. The Managing Director,
Tamil Nadu Warehousing
Corporation, 82, Anna Salai,
Guindy, Chennai-600 032.
2. The Manager (Business)
Tamil Nadu Warehousing Corporation,
82, Anna Salai, Guindy,
Chennai-600 032.
...Respondents
PETITION under Article 226 of The Constitution of India praying
for the issuance of a Writ of Mandamus directing the respondents to
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recognize Thana Industries Private Limited as per the incorporation under
the Companies Act by considering the representation of the petitioner
dated 25.9.2024.
For Petitioner: Mr.P.Kannan Kumar
ORDER
This is a petition filed by the petitioner seeking a direction t o the
respondents to consider their representation dated 25.9.2024 to recognize
them as per the incorporation under the Companies Act.
2. Heard the learned counsel for the petitioner. In view of the
limited nature of relief this Court proposes to grant, notice to the
respondents is dispensed with and the writ petition itself is take n up for
final disposal.
3. The case of the petitioner is as follows:
(i) The petitioner company was started in 1997 as a partnership
firm. They are engaged primarily in handling and transportation of
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various goods like fertilizers, food grains, etc., including transportati on of
items from the warehouses to godowns and from goods train to
warehouses based on the work order. Due to increased turnover and
volume of business, the petitioner was advised to convert the partnership
firm into a private limited company. Pursuant to that, the partnershi p firm
was converted into a private limited company as mandated under Sec tion
366 of the Companies Act, 2013.
(ii) The conversion was completed on 02.7.2024 and the new entity
was registered with the Ministry of Corporate Affairs. Later, on account
of conversion into private limited company, the GST number also got
changed. The respondent Corporation was established under the
Agricultural Produce (Development of Warehousing) Corporation Act,
1956 and is functioning under the purview of the Warehousing
Corporation Act, 1962. The respondent Corporation is functioning in the
State of Tamil Nadu with 60 warehouses and is floating tenders f or the
handling of food grains, etc. The petitioner is also regularly partic ipating
in the tender process.
(iii) Whenever the petitioner participated in the tender process for
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handling of food grains, etc., the subordinate level officers of the
respondent Corporation were treating the petitioner company as a new one
and they did not count the earlier records pertaining to the partner ship
firm though the conversion was recognized by the other corporations
functioning under both the Central and the State Governments.
(iv) Hence, the petitioner sent a representation dated 25.9.2024 to
the second respondent seeking to take note of the fact that the partnershi p
firm was converted into a private limited company and that the process
was completed even on 02.7.2024 and requested to update the records
with the respondents. Since the said representation has not yet been
considered, the petitioner is before this Court.
4. The appropriate Authority is the first respondent.
5. Considering the limited nature of the prayer sought for and
without expressing any opinion on the merits of the case, the writ pe tition
is disposed of with a direction to the petitioner to send a copy of the said
representation dated 25.9.2024 to the first respondent within a period of
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two weeks from the date of receipt of a copy of this order. On receipt of
such a representation, the first respondent shall consider the same on
merits and pass appropriate orders thereon in accordance with la w within
a period of four weeks therefrom.
07-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
To
1. The Managing Director
Tamil Nadu Warehousing Corporation,
82, Anna Salai, Guindy,
Chennai-600 032.
2. The Manager (Business)
Tamil Nadu Warehousing Corporation,
82, Anna Salai, Guindy,
Chennai-600 032.
RLI
https://www.mhc.tn.gov.in/judis
W.P.No.13218 of 2026
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M.DHANDAPANI, J.
RLI
W.P.No.13218 of 2026
07-04-2026
https://www.mhc.tn.gov.in/judis