M/S.Sree Kamatchi Amman v. The Advocate General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2022

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR 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 1/5

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 2/5

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 3/5

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.

4/5

S.S.SUNDAR .J., pvs 04.11.2022 5/5