Madras High CourtWA(MD)/1112/2015dismissed

K.Valluvan, v. Union Of India,

2015-10-29Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Appeal(MD) No.1112 of 2015 K.Valluvan ... Appellant/Petitioner Vs.

1.Union of India, Rep by its Secretary to Government, Ministry of Chemicals and Fertilizers New Delhi.

2.The Management of Indian Potash Limited Rep by its Managing Director, Seethakadhi Business Centre, 1st Floor, 684/690, Anna Salai, Post Box No.738, Chennai 600 006.

3.The Senior Regional Manager, Indian Potash Limited, Ambal Building, II floor, 727, Anna Salai, Chennai 600 006.

4.P.S.Gahlaut, The Managing Director, Potash Bhavan, 10-B-Rajendra park, Pusa Road, New Delhi 110 060.

5.V.Logamurthy Senior Regional Manager, Indian Potash Limited, Ambal Building, II floor, 727, Anna Salai, Chennai 600 006.

... Respondents/Respondenst Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 14.07.2015 made in W.P(MD)SR.No.42635 of 2015 on the file of this Hon'ble Court.

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Prayer in WP.SR(MD)No.42635/2015:- Petition filed under Article 226 of the Constitution of India, praying that in the circumstances stated therein and in the affidavit filed there of the High Court will be pleased to issue a Writ of Certiorari calling for the records pertaning to the order of transfer passed by the 2nd respondent in impugned Order in IPL/ADM/1/SA dated 19/6/2015 quash the same.

For Appellant : Mr.V.Ajoy Kumar, for Mr.A.Rahul

JUDGMENT

(Judgment of the Court was delivered by R.SUDHAKAR,J) This writ appeal is directed against the order passed by the learned single Judge dated 14.07.2015 made in W.P(MD) SR.No.42635 of 2015.

2.The writ petition has been dismissed by the learned single Judge holding that the writ petition has been filed against the private company which is not maintainable. However, learned counsel for the appellant submitted that he has produced relevant materials to show that it is a state within the meaning of Article 12.

3.In view of the above, the appellant has to file a review petition if so advised and not a writ appeal. Hence, the writ appeal is dismissed. No costs. Consequently, M.P(MD)Nos.1 and 2 are closed.

Sd/- Assistant Registrar(CSII) /True Copy/ To Sub-Assistant Registrar 1.The Secretary to Government,Union of India, Ministry of Chemicals and Fertilizers, New Delhi. 2.The Management of Indian Potash Limited Rep by its Managing Director, Seethakadhi Business Centre, 1st Floor, 684/690, Anna Salai, Post Box No.738, Chennai 600 006.

3.The Senior Regional Manager, Indian Potash Limited, Ambal Building, II floor, 727, Anna Salai, Chennai 600 006. sms RL/4c/NGM/SS/23/11/2015 WA(MD)No.1112 of 2015 29/10/2015 https://hcservices.ecourts.gov.in/hcservices/