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Madras High Court

M/S.Sree Kamatchi Amman Constructions vs The Advocate General on 4 November, 2022

Author: S.S.Sundar

Bench: S.S.Sundar

                                                                              WP.No.9927 of 2015

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 04.11.2022

                                                    CORAM

                                  THE HONOURABLE MR. JUSTICE S.S.SUNDAR

                                              WP.No.9927 of 2015
                                              and MP.No.1 of 2015


                     M/s.Sree Kamatchi Amman Constructions,
                     Rep. by its Partner Mr.K.Venkatapathy,
                     No.12, T.N.Nagar, Palanipet,
                     Arakkonam - 631002.                                       ...petitioner


                                                       Vs.


                     1. The Advocate General,
                        State of Tamil Nadu, High Court Buildings, Madras 104.
                     2. The General Manager,
                        Southern Railway, Headquarters Office,
                        Park Town, Chennai 600 003.
                     3. Mr.T.Archunan,
                        Presently the Chief Project Manager (Depot & Viaduct),
                        Administrative Building, CMRL Depot,
                        Poonamallee High Road, Koyambedu, Chennai 107.
                     4. Mr.B.Santhanamahalingam,
                        Presently the Deputy Chief Engineer (CS),
                        Head Quarters Office, Southern Railway,
                        Park Town, Chennai 3.                                  ...respondents




https://www.mhc.tn.gov.in/judis
                     1/5
                                                                                    WP.No.9927 of 2015

                     Prayer:- This Writ Petition is filed under Article 226 of the Constitution

                     of India, seeking for a Writ of Certiorarified Mandamus to call for the

                     records of the first respondent's proceedings dated 27.02.2015 in the

                     Contempt Petition No.02 of 2015 (arising out of the O.P.No.48 of 2011

                     on the file of this Hon'ble Court) and quash the same and consequently

                     direct the first respondent to grant his statutory 'consent in writing' for the

                     petitioner to make the 'criminal-contempt' 'motion' before this High Court

                     against the respondents 2 to 4 herein.



                                  For Petitioner        : No Appearance

                                  For Respondents
                                   for R1               : Mrs.V.Yamuna Devi
                                                               Special Government Pleader
                                  for R2                : Mr.P.T.Ramkumar
                                  for RR3 & 4           : No Appearance



                                                        ORDER

This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus to quash the first respondent's proceedings dated 27.02.2015 in the Contempt Petition No.02 of 2015 (arising out of the O.P.No.48 of 2011 on the file of this Hon'ble Court) and consequently direct the first respondent to grant his statutory 'consent in writing' for the https://www.mhc.tn.gov.in/judis 2/5 WP.No.9927 of 2015 petitioner to make the 'criminal-contempt' 'motion' before this High Court against the respondents 2 to 4 herein.

2. The petitioner has filed this Writ Petition challenging the order passed by the learned Advocate General refusing to grant permission to initiate proceedings against the General Manger of the Southern Railway and other respondents.

3. There is no representation for the petitioner.

4. Having regard to the nature of prayer sought for in the Writ Petition and the reasons stated in the impugned order of the learned Advocate General, this Court is unable to find any merits in this Writ Petition. Further, on perusal of materials, it is seen that the original petition filed by the Writ Petitioner challenging the award was dismissed and this Court is unable to find any material that the Writ Petitioner has pursued the matter thereafter.

5. This Court has already granted few adjournments at the request of the learned counsel appearing for the parties and for want of https://www.mhc.tn.gov.in/judis 3/5 WP.No.9927 of 2015 bona fide reasons, this Court is unable to grant further time. Hence, this Writ Petition is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.




                                                                                    04.11.2022

                     Index        : Yes/No
                     pvs



                     To
                     1. The Advocate General,

State of Tamil Nadu, High Court Buildings, Madras 104.

2. The General Manager, Southern Railway, Headquarters Office, Park Town, Chennai 600 003.

https://www.mhc.tn.gov.in/judis 4/5 WP.No.9927 of 2015 S.S.SUNDAR.J., pvs WP.No.9927 of 2015 04.11.2022 https://www.mhc.tn.gov.in/judis 5/5