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Showing contexts for: PRP in M/S. Prp Exports vs The Chief Secretary on 2 November, 2012Matching Fragments
34. The second preliminary objection taken is, that two writ petitions have been filed on the same relief.
35. This objection is again mis-conceived, as both the writ petitions are by different persons viz., M/s. PRP Granites and M/s. PRP Exports. Therefore, the objections are not sustainable in law.
36. It is next submitted that PRP Granites and PRP Exports are registered partnership firms, and the partnership firm, being an artificial juristic person, has no locus standi to enforce any right including the fundamental right by invoking Article 226 of the Constitution of India. This preliminary objection, again, is based on misconception of law. A registered partnership firm is not an artificial juristic person, but other name of the partners constituting a firm. A partnership firm has no independent legal entity, independent of its partner. This objection seems to have been raised on misunderstanding of law with regard to the companies registered under the Companies Act.
67. On 13.08.2012, another Sub Inspector of Police of the Special Team conducted a search at PRP Car shed at Melur, and seized two computer hard discs in the presence of Village Assistant, and the Watchman of the concerned car shed. This information was also intimated to the learned Judicial Magistrate, Melur on 14.08.2012. On 13.08.2012 at about 06.15 hours 6 C.Ds, one hard disc, accessories and two documents were also seized under intimation to the learned Judicial Magistrate, Melur. It is admitted in the affidavit of the fourth respondent, that the premises of the petitioner was raided by the police, and incriminating materials collected. It is the stand of the fourth respondent, that the accused attempted to take away the incriminating documents through their transport service. On information, the bus in the name of PRP bearing Registration No.TN 59 AL 4713 was seized along with 13 files relating to illicit quarrying. The seizure of the documents along with bus was also intimated to the learned Judicial Magistrate, Melur. On 16.08.2012, another bus bearing Registration No. TN 63 Q 2299, which is indulged in illegal activity of taking documents was also seized under intimation to the learned Judicial Magistrate, Melur.
68. It is submitted, that the prime accused P. Palanichamy was arrested on 18.08.2012, and he gave confessional statement, which resulted in recovery of 11 documents from the sealed administrative building of PRP Exports at Therkkutheru on 19.08.2012, at about 10.00 hours. It is the case of the fourth respondent, that the accused told that the relevancy of the documents are known to the Manager of the firm, and therefore the two administrative buildings with documents and computers have been again sealed by the Investigation Officer, to preserve those documents and computers.
69. It is admitted, that vehicles were also seized, which were involved in illicit quarrying. It is submitted, that on the basis of the confessional statements, different documents and machineries were also seized under intimation to the learned Judicial Magistrate, Melur.
70. It is further submitted, that on 31.08.2012, on the directions of the Investigating Officer, the Inspector of Police, Othakadai and DCB, Madurai jointly again conducted search in the sealed administrative buildings of PRP Exports in Therkkutheru, after breaking open the seal, and seized 7 hard discs, 6 servers and its related 16 accessories from the cabin, and they have also seized two servers, 18 hard discs, 12 C.P.Us, and its related 5 items and two cell phones and 15 keys submitted by head guard of the PRP Exports from the outer side of the cabin under mahazars in the presence of Tahsildar, Melur and Revenue Inspector, Melur, after which, the administrative buildings were again sealed.