Suganya Subashini v. The Incharge Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) No.2077 of 2021 Suganya Subashini ... Petitioner /vs./ 1.The Incharge Officer, Claims Department, Canara HSDC Oriental Bank of Commerce Life Insurance Company Ltd., ATP Power, 3rd Floor, 27/12A, Bypass Road, Madurai 625 010.

2.The Centre Manager, Can Fin Homes Ltd., 564/1, 12th Cross Street, Ground Floor, Shakthi Tower, Anna Nagar, Behind Naveen Balcony, Madurai 625 020.

3.Insurance Regulatory & Development Authority of India, Basheerbagh, Hyderabad 500 004.

... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the entire records in relating to the impugned order dated 29/09/2020 passed by the 1st respondent and to quash the same as arbitrary and consequently to direct the 1st respondent that to honor the claim of petitioner in respect of the Life Insurance Policies of the Petitioner's Husband in Life Insurance certificate No.GP000168-0486951 and No. GP00168-0967751 within the time limit, that may be prescribed by this Court. For Petitioner : No appearance For R1 : Mr.R.Madhankumar For R2 : Mr.S.I.Muthiah For R3 : Mr.S.Anwar Sameem

ORDER

The above writ petition has been filed for the issue of a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned order dated 29.09.2020 passed by the first respondent, quashing the same as arbitrary and directing the first respondent that to honor the claim of petitioner in respect of the Life Insurance Policies of the petitioner's husband in Life Insurance Certificate No.GP000168-0486951 and No.GP00168-0967751. 2/4

2.Today when the matter was called, it is informed that the petitioner has simultaneously approached the Ombudsman with reference to the very same averments made in this writ petition. Initially, the petitioner was represented by a counsel, who later informed the Court that he has given change of Vakalat and informed her about the pendency of the case. The matter was directed to be listed today with the petitioner's name. Though the petitioner's name has been printed, she has not appeared.

3.Since she has already approached the Ombudsman on 15.01.2022, this Writ Petition is dismissed. However, liberty is granted to the petitioner to challenge any order that is passed against the petitioner as per due process of law. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Speaking : Yes / No 05.06.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/4

P.T.ASHA, J.

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