This order records the withdrawal of a writ petition seeking mandamus for compensation under a LPG dealer policy. The court exchanged for a withdrawn petition with the petitioner's liberty to file a civil suit.
Writ Petition dismissed as withdrawn; liberty granted to institute a civil suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. No. 26246 of 2019
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents herein to pay a compensation of Rs.20.00 lakhs to the Petitioner for the burn injuries sustained by him on 22.07.2015 as per the LPG Dealer' Policy under Section VII-Public Liability pursuant to the representation of the petitioner dated 29.08.2016.
For Petitioner : Mr. S.Saravanakumar For R1 : Mr. P.S.Siva Subramanian For R2 : Mr.M.B.Raghavan O R D E R
When it is pointed out that the nature of grievance sought to be ventilated by the Petitioner in the Writ Petition falls within the realm of disputed question of facts, which require to be decided after recording of evidence of the parties on their rival contentions and could not be redressed by invoking the public law remedy following summary procedure under Article 226 of the Constitution, Learned Counsel for the Petitioner seeks
permission of this Court to withdraw the Writ Petition with liberty to institute suit impleading necessary parties before the jurisdictional Civil Court for the effectual and complete adjudication of the matter. He has also made an endorsement to that effect, which is recorded.
Assistant Registrar (Insp.cell)
//True Copy//
Sub Assistant Registrar
lok
+1cc to Mr.P.S.Siva Subramanian Advocate, S.R.No.78391
CP(CO)
CB(17/09/2019)
W.P. No. 26246 of 2019
1 provisions across 1 enactments
S.P.Elavarasan
The General Manager, Indian Oil Corporation, Nungambakkam High Road, Chennai
The New India Assurance Company Limited
M/s.Srinivasa Agencies
P.D.Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
