Mrs. G.Prasanna Lakshmi, v. Mr.S.K.Khanna, Chief Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4800 of 2017 and W.M.P.No.5096 of 2017 1.G.Prasanna Lakshmi 2.Master.N.Neelakandan Rep.by her mother and natural guardian Mrs.G.Prasanna Lakshmi ... Petitioners Vs 1.Mr.S.K.Khanna, Chief Manager (Administration), M/s.Indian Potash Ltd., Potash Bhawan, 10-B, Rajendra Park, Pusa Road, New Delhi- 110 060. 2.Mr.Sitna Abraham, Additional General Manager (P&A) M/s.Indian Potash Ltd.,Seethalakshmi Business Centre, I Floor, Old Nos.684-690, Anna Salai, Chennai - 600 006. 3.The HRD Head, M/s.Indian Potash Ltd., Seethalakshmi Business Centre, I Floor, Old Nos.684-690, Anna Salai, Chennai - 600 006. 4.The Regional Manager, M/s.Indian Potash Ltd., Off:Kadavil Court Pullepadi Cross Road, Cochin - 682 018, Kerala.

5.The Employees Provident Fund Regional Office, No.37, Royapettah High Road, Azad Nagar, Royapettah, Chennai - 600 014.

6.Mr.N.Narasimhan ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 5 to dispose the petitioner's representation dated 7.10.2016.

For Petitioners : Mr.Bharathi Anandraj For Respondents : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.,For R2 M/s.C.A.Sharmila, For R6 Mr.K.Gunasekar, Senior Panel Counsel Central Government, for R5 No appearance for R1, 3 & 4

O R D E R

The relief sought for in this writ petition is for a direction to the respondents 1 to 5 to dispose of the representation submitted by the writ petitioner on 07.10.2016. A copy of the representation dated 07.10.2016 is enclosed in Page No.6 of the typed set of papers filed along with this writ petition.

2. On perusal of the same, the said representation was addressed to the Chairman-cum-Managing Director (CMD), M/s.Indian Potash Ltd., New Delhi.

3. The learned counsel appearing for the 2nd respondent submitted that the respondents 1 to 4 are the representatives of the private company, which is registered under the Companies Act. Thus, no writ petition can be entertained against a private company under Article 226 of the Constitution of India. This apart, the representation was also sent to the private company viz., respondents 1 to 4.

4. In this view of the matter, no such direction to be given by this Court to dispose of the representation submitted to a private company registered under the Companies Act. It is left open to the writ petitioner to adjudicate the matter and redress his grievance in the manner known to law.

5. Accordingly, this writ petition stands dismissed as not maintainable. However, there is no order as to costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar ms/ss

To

1. The Employees Provident Fund Regional Office, No.37, Royapettah High Road, Azad Nagar, Royapettah, Chennai - 600 014.

+ 1 cc to M/s.C.A.Sharmila, Advocate,SR.61845 + 1 cc to M/s.K.Gunasekar, Advocate,SR.61423 + 1 cc to M/s.T.S.Gopalan & Co, Advocate,SR.61018 W.P.No.4800 of 2017 and W.M.P.No.5096 of 2017 RSI(CO) NR 12/09/2017