Madras High Court
Dr.Ramanathan.P vs The Chairman on 14 August, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.SR.No.87646 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :14.08.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.SR.No.87646 of 2024
Dr.Ramanathan.P
Proprietor, Sriram Plastic Engineering Works,
12, Pillaiyar Kovil Street, Velapadi,
Vellore – 632 001, Vellore District. ...Petitioner
Vs.
1. The Chairman,
National Small Industries Corporation Limited,
Laghu Udyog Bhavan, Okla Industrial Estate,
New Delhi – 110 020.
2. National Small Industries Corporation Limited,
Represented by its Regional Manager and Principal Officer,
205, NSIC – STBP Building, Guindy Industrial Estate,
Ekkattuthangal, Chennai – 600 032.
3. Industries Commissioner and Director of Industries & Commerce,
8th Floor, SIDCO Corporate Office Building,
Thiru.Vi.Ka.Industrial Estate, Guindy,
Chennai – 600 032.
4. The General Manager,
District Industries Center,
5, Devaraj Nagar,
Ranipet – 632 403, Ranipet District,
Tamil Nadu. ...Respondents
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https://www.mhc.tn.gov.in/judis
W.P.SR.No.87646 of 2024
Writ petition filed under article 226 of the Constitution of India seeking
for issuance of a writ of certiorarified mandamus to call for the records
relating to the impugned judgment & Decree dated 05.01.2009 obtained in
the allowed non amended original suit in O.S.No.3626/1996 due to playing
fraud on the learned VII Additional City Civil Court at Chennai by the 2nd
respondent and quash the impugned judgment & decree dated 05.01.2009
and i) direct these 1st & 2nd respondents to pay to the petitioner the amount
which furnished in this petitioner's request made in his letters dated
07.02.2010 & 25.02.2001 and reminder letters dated 16.07.2012,
16.07.2014, 07.07.2016, 07.09.2018, 07.09.2020, 07.11.2023 &
05.12.2023 submitted to them within a time frame as may be fixed by this
Court.
For Petitioner : Mr.Dr.Ramanathan.P (party-in-person)
ORDER
This matter is listed under the caption “For Maintainability”.
2. The petitioner / party-in-person submitted that, challenging the the judgment and decree dated 05.01.2009 passed in O.S.No.3626 of 1996 on the file of the learned VII Additional City Civil Court at Chennai, the petitioner has come up with this writ petition. However, the Registry had returned the petition raising a question as to how the writ petition is maintainable?
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3. A perusal of the materials placed on record reveals that, the file has been returned back by the Registry raising the following objection:-
“As to how this writ petition is maintainable for challenging the suit in O.S.No.3626 of 1996 under Article 226 of Constitution of India, when it is filed beyond the limitation period of 15 years”
4. Admittedly, the lower appellate Court is the appropriate forum to challenge the suit in O.S.No.3626 of 1996 passed by the learned VII Additional City Civil Court at Chennai before the, however, without preferring any appeal before the lower appellate Court, filing the present writ petition before this Court u/s.226 of the Constitution of India is wholly unsustainable. Hence, the writ petition filed by the petitioner is not maintainable and accordingly, the Registry has rightly returned the petition quoting the aforesaid reasons.
5. In view of the above, this writ petition is rejected in the SR stage itself. However, liberty is granted to the petitioner to file an appeal before the appropriate forum in the manner known to law.
14.08.2024
rap
NCC : Yes/ No
Speaking Order : Yes/ No
To
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https://www.mhc.tn.gov.in/judis W.P.SR.No.87646 of 2024
1. The Chairman, National Small Industries Corporation Limited, Laghu Udyog Bhavan, Okla Industrial Estate, New Delhi – 110 020.
2. National Small Industries Corporation Limited, Represented by its Regional Manager and Principal Officer, 205, NSIC – STBP Building, Guindy Industrial Estate, Ekkattuthangal, Chennai – 600 032.
3. Industries Commissioner and Director of Industries & Commerce, 8th Floor, SIDCO Corporate Office Building, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai – 600 032.
4. The General Manager, District Industries Center, 5, Devaraj Nagar, Ranipet – 632 403, Ranipet District, Tamil Nadu.
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