Chairman v. K.Chellathangam,

W.A(MD)No.280 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE A.P.SAHI, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.A.[MD]No.280 of 2011 and M.P.[MD]No.1 of 2011 1.Chairman, Life Insurance Corporation of India, Central Office, Yogakshema, Post Box No.19953, Jeevan Bimarg, Mumbai - 400 001.

2.Zonal Manager, Life Insurance Corporation of India, LIC Building, Anna Salai, Chennai - 600 002.

3.Divisional Manager, LIC of India, Divisional Officer, Jeevan Prakash, Punithavathiyar Street, Palayamkottai, Tirunelveli - 627 002.

: Appellants Vs.

K.Chellathangam : Respondent PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 18.11.2010 made in W.P.[MD]No.6414 of 2005 on the file of this Court and allow this Writ Appeal. Prayer in WP(MD)No.6414 of 2005 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified mandamus, calling for the records relating to the order dated 29/06/2004 passed by the first respondent as communicated to the petitioner in the letter No. Mktg/A/14(spl)(SZ) and to quash the same and direct the respondents to renew the licence granted to the petitioner as their agent with retrospective effect from 16/03/1999 with all the benefits within a time frame as may be fixed by this Honourable court.

For Appellants : Mr.G.Prabhu Rajadurai For Respondent : No appearance https://hcservices.ecourts.gov.in/hcservices/

W.A(MD)No.280 of 2011

JUDGMENT

[Judgment of the Court was delivered by The Hon'ble Chief Justice] Heard learned Counsel for the appellant Insurance Company. The respondent / petitioner's agency was terminated against which he filed a writ petition that has given rise to the present appeal. The writ petition had been allowed. It appears that due to passage of time or otherwise, the respondent in spite of service of notice, even through publication has not appeared to contest this appeal.

2. It is quite possible that the said respondent may either have not been continued as an Agent or otherwise would have lost his interest in contesting the matter.

3. Accordingly, we see no reason to keep this matter pending now, however, without prejudice to the rights of the appellant to move any appropriate application in the event any such cause of action survives.

4.The appeal is, accordingly, consigned to records. The findings recorded by the learned Single Judge which are under challenge shall be open to contest in any appropriate forum and shall not be a binding precedent. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Mr/rsb +1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-105309[F] JUDGMENT MADE IN W.A.[MD]No.280 of 2011 16.12.2019 sma/03/01/2020/2p/2c https://hcservices.ecourts.gov.in/hcservices/