Madras High CourtWP/6179/2016withdrawn dismissed

Smt.Uthra Narasimhan, v. The Chennai Metro Rail Limited

2016-11-18Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2016

CORAM:

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.6179 of 2016 and W.M.P.No.5525 of 2016

1. Uthra Narasimhan

2. Minor Rishwanth Rep. by his mother Uthra Narasimhan

3. R.Lakshmanan

4. B.S.Geetha Bai

...Petitioners

Versus

1. The Chennai Metro Rail Limited Rep. by its Managing Director Administrative Building CMRL Depot Poonamallee High Road, Koyambedu, Chennai - 600 107.

2. M/s.Nagarjuna Constructions Ltd.

Rep. by its Managing Director, O.No.13, N.No.91 Ormes Road, Kilpauk, Chennai - 600 010.

3. The Deputy General Manager, M/s.Nagarjuna Constructions Ltd.

CMRL Site Old No.13, New No.91, Ormes Road, Kilpauk, Chennai - 600 010.

4. The Deputy General Manager, (Commercial Claims) L&T General Insurance Co. Ltd.

6th Floor, City-II, Plot No.177, CST Road, Kalina, Santha Cruz (East) Mumbai - 400 098.

...Respondents

Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, to direct the respondents 1 to 4 to consider the claims of the

petitioners as contained in their legal notice dated 13.10.2015 and award compensation for the loss suffered by them on various counts due to the gruesome death of their only breadwinner Late.L.Giridhar in the accident which was attributable to the gross negligence and carelessness of the respondents 1 to 3 and their employees etc. by exercising its extraordinary and plenary powers under Article 226 of the Constitution of India in the light of the judicial pronouncements and precedents within the time limit.

For Petitioners :

Mr.P.Seshadri For R-1 :

Mr.Jayesh B.Dolia For R-2 :

Mr.P.Giridharan For R-4 :

Mr.M.B.Raghavan

ORDER

The learned counsel appearing for the petitioners seeks permission of this Court to withdraw the writ petition with liberty to file a Civil Suit. He has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel for the petitioner, the present writ petition is dismissed as withdrawn with liberty to the petitioners to file a Civil Suit before the appropriate Forum. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ogy To

1. The Managing Director, The Chennai Metro Rail Limited Administrative Building CMRL Depot Poonamallee High Road, Koyambedu, Chennai - 600 107.