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Madras High CourtWP/25376/2018closed

K.P. Vijayakumar v. Union Of India

2023-03-09Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.25376 of 2018 and W.M.P.No.29526 of 2018 K.P.Vijayakumar

...Petitioner

Vs

1. Union of India, Represented by its Secretary, Ministry of Finance, North Block, Cabinet Secretariat, Raisina Hill, New Delhi - 110 001.

2. The Chairman, Insurance Regulatory and Development Authority of India, Sy No.115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad - 500 032.

3. Joint Director - Administration and Inspection, Insurance Regulatory and Development Authority of India, Delhi Regional Office, Jeevan Tara Building, First Floor, Gate No.3, Parliament Street, New Delhi - 110 001.

4. The President, A Company registered under S.25 of the Companies Act, Promoted by the IRDAI (Govt. of India), Door No.:3-5-890, 1/6

Flat No.315, Paras Chambers, Himayath Nagar, Hyderabad - 500 029.

5. Chennai Chapter Coordinator of Mr.Ramesh No.2, 6th Street, Sundar Nagar, Alapakkam, Chennai - 600 116.

...Respondents

PRAYER: Petition filed Under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the fourth respondent, Indian Institute of Insurance Surveyors & Loss Assessors (IIISLA) to grant membership based on the existing license which is still valid in its grace period for renewal till 12.10.2018 or soft copy of the license renewed from 16.04.2018 to 15.04.2021 which was communicated vide email dated 19.06.2018 issued by the second and third respondent Insurance Regulatory Authority of India (IRDAI) on or before 05.10.2018 and consequently direct the second and third respondent to issue modified license renewed from 16.04.2018 to 15.04.2021 which was communicated vide email dated 19.06.2018 by the second and third respondent IRDAI.

For Petitioner : Mr.D.Prabhu Mukunth Arunkumar For Respondents : Mr.Rabu Manohar SCGSC

ORDER

This writ petition has been filed seeking for issuance of a writ of mandamus to direct the he fourth respondent, Indian Institute of 2/6

Insurance Surveyors & Loss Assessors (IIISLA) to grant membership based on the existing license which is still valid in its grace period for renewal till 12.10.2018 or soft copy of the license renewed from 16.04.2018 to 15.04.2021 which was communicated vide email dated 19.06.2018 issued by the second and third respondents Insurance Regulatory Authority of India (IRDAI) on or before 05.10.2018 and consequently direct the second and third respondents to issue modified license renewed from 16.04.2018 to 15.04.2021 which was communicated vide email dated 19.06.2018 by the second and third respondents IRDAI.

2. It is the case of the petitioner that he is the proprietor of Nireekshan Engineers & Surveyors and the director of Nireekshan Engineering Services Pvt Ltd., who is individual surveyor and Loss Assessor Licence since 1993, issued by the Insurance Regulatory and Development Authority of India (in short 'IRDAI') and his licence No.40147 was due for renewal in the month of April 2018. Further, the said licence was renewed based on the petitioner's application with a validity till 15.04.2021. When the petitioner requested the surveyor department, IRDA Delhi Regional Office to furnish the hard copy of the 3/6

renewed licence, the petitioner was informed that membership of Indian Institute of Insurance Surveyors & Loss Assessors (in short 'IIISLA') is required for issuance of renewed licence. While so the petitioner submitted an application before the fourth respondent seeking membership of IIISLA. However, the same was not considered. Hence the above writ petition has been filed.

3. Today when the matter is taken up for hearing learned counsel appearing for the petitioner submitted that during the pendency of the writ petition, the Membership of IIISLA was granted in favour of the petitioner.

4. Recording the submission made by the learned counsel appearing for the petitioner, no further adjudication is necessary in the above writ petition. Accordingly, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed. 09.03.2023 Index : Yes / No Speaking/Non-speaking order : Yes / No 4/6

To

1. Secretary, Union of India, Ministry of Finance, North Block, Cabinet Secretariat, Raisina Hill, New Delhi - 110 001.

2. The Chairman, Insurance Regulatory and Development Authority of India, Sy No.115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad - 500 032.

3. Joint Director - Administration and Inspection, Insurance Regulatory and Development Authority of India, Delhi Regional Office, Jeevan Tara Building, First Floor, Gate No.3, Parliament Street, New Delhi - 110 001.

4. The President, A Company registered under S.25 of the Companies Act, Promoted by the IRDAI (Govt. of India), Door No.:3-5-890, Flat No.315, Paras Chambers, Himayath Nagar, Hyderabad - 500 029.

5. Chennai Chapter Coordinator of Mr.Ramesh No.2, 6th Street, Sundar Nagar, Alapakkam, Chennai - 600 116.

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M.DHANDAPANI, J.

RAP 09.03.2023 6/6