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2011 DIGILAW 1500 (MAD)

Tayanayaki Proprietrix v. Foreign Trade Development Officer, Puducherry

2011-03-16

CHITRA VENKATARAMAN

body2011
Judgment :- 1. The petitioner has come before this Court challenging the order dated 13.7.2009 on the file of the Foreign Trade Development Officer, Puducherry, who rejected the application for grant of importer exporter code number on the ground that the address shown in the application is in dispute between Arokianathan and Krishnamoorthy and the matter is sub-judice. 2. It is seen from the order passed by this Court in C.R.P. Nos. 281 and 282 of 2005 dated 22.6.2006 that a suit is pending between the said Arokianathan and Krishnamoorthy as regards the rights over the property, which is stated to be under the rental agreement with the petitioner herein. The respondent pointed out that the petitioner had not produced any documentary evidence that Arokianathan was the owner of the property at No. 47, Kappakara Street, Kanuvapet, Villianur, Puducherry, who had allowed the petitioner herein as a tenant in the said address. 3. In the absence of any definiteness as regards the status of Arokianathan as the owner of the property and the fact that the petitioner had been in occupation as a tenant, the application for grant of importer exporter code could not be granted. 4. A reading of the order of this Court in the Civil Revision Petition shows that after allowing the Civil Revision Petitions, the parties were directed to prosecute the suit, which was pending for a long time from 2001 and this Court gave a direction to the lower Court to dispose of the case within a period of six months therefrom. 5. Having regards to the dispute now pending as regards the ownership of the property and the right of the petitioner as a tenant is still in question, rightly the authority has rejected the prayer of the petitioner. Hence, no relief could be granted in this Writ Petition. Accordingly, the Writ Petition stands dismissed. No costs.