Judgment · High Court
Case at a glance
Provisions considered
- Constitution of India art. 226
Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRASDate:- 20.04.2009CoramThe Honourable Mr. Justice M. JAICHANDRENW.P. No.835 of 2004 National Insurance Co. Ltd.... Petitioner..vs..
State of Tamilnadu, rep. by the Superintendent of Police, Dindigul District, Dindigul.
The Deputy Superintendent of Police, Palani Sub Division, Palani.
The Commissioner for Workmen's Compensation, (Deputy Commissioner of Labour), Dindigul.
J. Senthilvel5. S. Velmurugan6. J. Ravichandran... RespondentsPetition under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus, to call for the records in I.A. No.97/2003 in WC No.25/2002 dated 25.11.2003 on the file of the 3rd respondent herein to quash the same and direct respondents 1 and 2 to furnish their enquiry report on the complaint dated 29.10.2002 lodged with the first respondent by the petitioner within a time frame and direct the third respondent herein to stay further proceedings in WC 25/2002 on the file of the 3rd respondent pending receipt of the enquiry report from respondents 1 and 2. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr. M.B. RaghavanFor Respondents : Mr. V. Viswanathan, Addl. Govt. Pleader for R1 to R3 Mr. P. Kannan Kumar for R4 to R6
O R D E RThis writ petition has been filed for a writ ofcertiorarified mandamus, to call for the records relating to I.A.No.97/2003, in WC No.25/2002, dated 25.11.2003, on the file of the3rd respondent herein and to quash the same.2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that since there was no interim order passed by this Court, the claim of the workman in W.C. No.25 of 2002 had been heard and disposed of, on merits and a Civil Miscellaneous Appeal in C.M.A. No. 165 of 2004,had been filed and the same is pending on the file of this Court. In such circumstances, no further orders are required to be passed in the present writ petition.3. It is also stated by the learned counsel appearing for the petitioner that the petitioner may be given liberty to raise all the grounds available to him in the said appeal filed before this Court. Hence, it is made clear that it is open to the petitioner to make his claims in the civil miscellaneous appeal, pending before this Court raising all the grounds available to him, in accordance with law. 4. With the above observations, the writ petition isdisposed of. No costs. Sd/Asst. Registrar/true copy/Sub Asst. Registrarssa. https://hcservices.ecourts.gov.in/hcservices/ To1. The Superintendent of Police, The State of Tamilnadu, Dindigul District, Dindigul.2. The Deputy Superintendent of Police, Palani Sub Division, Palani.3. The Commissioner for Workmen's Compensation, (Deputy Commissioner of Labour), Dindigul.1 CC to the Government Pleader, SR NO.16457 W.P. No.835 of 2004bs(co)pmk.29.4.2009
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