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P.Gnanaprakasam Vs the Secretary — Writ and Judicial Review | Madras HC (2025)

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Madras HC
2025
P.Gnanaprakasam Vs the SecretaryP.Gnanaprakasam v. the Secretary

Dismissed¶34

P.Gnanaprakasam v. the Secretary

Madras HC20 Mar 2025WP/9179/2025

Case brief

AI extract

What is this about?

Writ Petition (W.P.) before the High Court of Judicature at Madras; W.P.No.9179 of 2025; decided 20.03.2025 by Justice D.Bharatha Chakravarthy. Petitioner P.Gnanaprakasam appeared in person; respondents were officials of the Ministry of Corporate Affairs (represented by Mr.A.R.Sakthivel, Senior Panel Counsel) and Sree Varadaraja Benefit Fund Ltd. (formerly) now Sree Varadaraja Nidhi Ltd. The petition repeated the prayer of an earlier writ petition (W.P.No. 25725 of 2024) seeking directions to inspect books of accounts/records of the fifth respondent and report on communication letter No.8/62/2020/CL-II (SR) dated 25.11.2020. Since the earlier petition had been withdrawn without liberty to file afresh, the Court held the second petition for the same prayer could not be entertained and dismissed it without costs. Relevant search terms: withdrawal of writ petition without liberty, second writ petition same prayer not entertainable, Article 226 mandamus, Ministry of Corporate Affairs inspection of records, res judicata-type bar.

What did the court decide?

In view of the earlier withdrawal of W.P.No. 25725 of 2024 without any liberty granted to file a fresh writ petition, the second writ petition for the same prayer cannot be entertained by this Court, and accordingly the writ petition stands dismissed, with no costs. ¶33

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether a second writ petition raising the same prayer as an earlier writ petition (W.P.No. 25725 of 2024) that was withdrawn without any liberty being granted to file a fresh writ petition can be entertained by the Court.

Court's answer

In view of the earlier withdrawal of W.P.No. 25725 of 2024 without any liberty granted to file a fresh writ petition, the second writ petition for the same prayer cannot be entertained by this Court, and accordingly the writ petition stands dismissed, with no costs.

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.), W.P.No.9179 of 2025, decided 20.03.2025: The petitioner sought a writ of mandamus under Article 226 of Constitution of India directing the fourth respondent (Regional Director, Ministry of Corporate Affairs) to consider his representations dated 25.07.2024 and 10.08.2024 concerning inspection of the records and account books relating to the fifth respondent (Sree Varadaraja Benefit Fund Ltd., now Sree Varadaraja Nidhi Ltd.) and to send a report based on communication letter bearing No.8/62/2020/CL-II (SR) dated 25.11.2020. On perusal it emerged that the petitioner had earlier filed W.P.No. 25725 of 2024 with the identical prayer and had withdrawn that writ petition, with no liberty granted to file a fresh petition. Holding that a second writ petition for the same prayer could not be entertained in such circumstances, the Court dismissed the writ petition without costs.

A

W.P.No.9179 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.9179 of 2025

P.GNANAPRAKASAM

... Petitioner

Vs

THE SECRETARY, MINISTRY OF CORPORATE AFFAIRS, SHASTRI BHAVAN, NEW DELHI - 110 001.

THE DEPUTY SECRETARY, A MINISTRY OF CORPORATE AFFAIRS, 'A' WING, 5TH FLOOR, SHASTRI BHVAN, NEW DELHI - 110 001.

THE DIRECTOR GENERAL, MINISTRY OF CORPORATE AFFAIRS, NEW DELHI – 110 001.

THE REGIONAL DIRECTOR, MINISTRY OF CORPORATE AFFAIRS, 'A' WING, 5TH FLOOR, SHASTRI BHAVAN, NO.26, HADDOWS ROAD, CHENNAI - 600 006.

SREE VCARADARAJA BENEFIT FUND LTD. (FORMERLY) NOW SREE VARADARAJA NIDHI LTD, NO.149/1, PURSAIWALKAM HIGH ROAD, PURSAIWALKAM, CHENNAI - 600 007. ... Respondents

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W.P.No.9179 of 2025

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the fourth respondent to consider and pass orders on the petitioner representations dated 25.07.2024 and 10.08.2024 with regard to inspection of records and account books relating to the fifth respondent and send report based on the communication letter bearing No.8/62/2020/CL-II (SR) dated 25.11.2020 within a stipulated time as fixed by this Court.

For Petitioner : Mr.P.Gnanaprakasam (P-IN-P) For R1 to R4 : Mr.A.R.Sakthivel Senior Panel Counsel

ORDER

Heard the party in person, who submitted the history of the case in

detail.

Upon perusal of the material papers filed along with the writ petition,

it can be seen that the petitioner had earlier filed W.P.No. 25725 of 2024. The prayer in the said writ petition reads as follows:

“ Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 4th respondent to consider and pass orders on the petitioner's representations dated 25.07.2024 and 10.08.2024 with regard to the inspection of Books of accounts and records of the 5th

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W.P.No.9179 of 2025

respondent and send report based on the communicate letter bearing No. 8/62/2020/CL-II (SR) dated 25.11.2020.”

The said writ petition was withdrawn by the petitioner and no liberty

was granted to file a fresh writ petition.

In view thereof, the second writ petition for the same prayer cannot

be entertained by this Court, and as such, the writ petition stands dismissed.

No costs.

20.03.2025

Neutral Citation: Yes/No nsl

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W.P.No.9179 of 2025

To

THE SECRETARY, MINISTRY OF CORPORATE AFFAIRS, SHASTRI BHAVAN, NEW DELHI - 110 001.

THE DEPUTY SECRETARY, A MINISTRY OF CORPORATE AFFAIRS, 'A' WING, 5TH FLOOR, SHASTRI BHVAN, NEW DELHI - 110 001.

THE DIRECTOR GENERAL, MINISTRY OF CORPORATE AFFAIRS, NEW DELHI – 110 001.

THE REGIONAL DIRECTOR, MINISTRY OF CORPORATE AFFAIRS, 'A' WING, 5TH FLOOR, SHASTRI BHAVAN, NO.26, HADDOWS ROAD, CHENNAI - 600 006.

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W.P.No.9179 of 2025

D.BHARATHA CHAKRAVARTHY, J.

nsl

W.P.No.9179 of 2025

20.03.2025

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Issues for consideration

1 issue framed by the court

AI extract

1.
Whether a second writ petition raising the same prayer as an earlier writ petition (W.P.No. 25725 of 2024) that was withdrawn without any liberty being granted to file a fresh writ petition can be entertained by the Court.¶32
The court held
In view of the earlier withdrawal of W.P.No. 25725 of 2024 without any liberty granted to file a fresh writ petition, the second writ petition for the same prayer cannot be entertained by this Court, and accordingly the writ petition stands dismissed, with no costs.ratio¶33

Statutes considered

2 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶18 Article 226¶25

Procedural history

How this case reached the court

AI extract

Prior proceeding
The petitioner had earlier filed W.P.No. 25725 of 2024, seeking a writ of mandamus directing the 4th respondent to consider and pass orders on his representations dated 25.07.2024 and 10.08.2024 regarding inspection of the books of accounts and records of the 5th respondent and to send a report based on communication letter bearing No. 8/62/2020/CL-II (SR) dated 25.11.2020.¶24
Prior proceeding
The earlier writ petition W.P.No. 25725 of 2024 was withdrawn by the petitioner and no liberty was granted to file a fresh writ petition.¶30

Parties & counsel

AI extract

petitioner
P.GNANAPRAKASAM¶7
Mr.P.Gnanaprakasam
respondent
THE SECRETARY, MINISTRY OF CORPORATE AFFAIRS, SHASTRI BHAVAN, NEW DELHI - 110 001.¶10
Mr.A.R.Sakthivel
respondent
THE DEPUTY SECRETARY, A MINISTRY OF CORPORATE AFFAIRS, 'A' WING, 5TH FLOOR, SHASTRI BHVAN, NEW DELHI - 110 001.¶11
Mr.A.R.Sakthivel
respondent
THE DIRECTOR GENERAL, MINISTRY OF CORPORATE AFFAIRS, NEW DELHI – 110 001.¶12
Mr.A.R.Sakthivel
respondent
THE REGIONAL DIRECTOR, MINISTRY OF CORPORATE AFFAIRS, 'A' WING, 5TH FLOOR, SHASTRI BHAVAN, NO.26, HADDOWS ROAD, CHENNAI - 600 006.¶13
Mr.A.R.Sakthivel
respondent
SREE VCARADARAJA BENEFIT FUND LTD. (FORMERLY) NOW SREE VARADARAJA NIDHI LTD¶14

Coram

AI extract

D.BHARATHA CHAKRAVARTHYauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 20 Mar 2025 · March
Registered: 13 Mar 2025
Case no.: WP/9179/2025
CNR: HCMA010114672025
Topic: Writ and Judicial Review
Bench: D.bharatha Chakravarthy
Disposal: DISMISSED
Case type: W.P.

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Cite this judgement

P.Gnanaprakasam v. the Secretary, WP/9179/2025 (MAD), decided on 20 March 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Constitution of IndiaArticle 226 · Article 226

View all statutes

Procedural history2

The petitioner had earlier filed W.P.No. 25725 of 2024, seeking a writ of mandamus directing the 4th respondent to consider and pass orders on his representations dated 25.07.2024 and 10.08.2024 regarding inspection of the books of accounts and records of the 5th respondent and to send a report based on communication letter bearing No. 8/62/2020/CL-II (SR) dated 25.11.2020.
The earlier writ petition W.P.No. 25725 of 2024 was withdrawn by the petitioner and no liberty was granted to file a fresh writ petition.

View full history

Bench / Coram

D.BHARATHA CHAKRAVARTHY

Parties & counsel