P.Krishnan v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.09.2020
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.13370 of 2019 P.Krishnan ... Petitioner Vs.
1.The District Collector, Thanjavur District, Thanjavur.
2.The Regional Manager, Oriental Insurance Company Limited, Regional Office, 78, TPK Road, 2nd Floor, Ramalinga Residency, Andalpuram, Madurai - 625 003.
3.The Divisional Manager, Oriental Insurance Company Limited, Gopal Rao Library Building, 1st Floor, Town Hall Road, Kumbakonam, Thanjavur District.
4.The Branch Manager, Oriental Insurance Company Limited, 94-E, South Kaliamman koil Street, Pattukkottai, Thanajvur District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 2 to 4 herein to settle the insurance amount for the loss occurred due to the Gaja Cyclone to the petitioner's business viz., Pappa Plastic Centre, situated at No.87, Allah Koil Street, Pattukkottai, Thanjavur District.
For Petitioner : Mr.P.Saravanakumar For R1 : Mr.K.Sathiya Singh, Additional Government Pleader For R2 to R4 : Mr.E.Chandrasekaran
ORDER
This writ petition is filed seeking for a direction to the respondents 2 to 4 herein to settle the insurance amount for the loss occurred due to the Gaja Cyclone to the petitioner's business viz., Pappa Plastic Centre, situated at No.87, Allah Koil Street, 1/3
Pattukkottai, Thanjavur District.
2. The learned counsel appearing for the petitioner submitted that the petitioner was running his business, in the name and style of 'Pappa Plastic Centre'. In respect of the said business, the petitioner insured before the respondents 2 to 4 and the petitioner has also renewed his policy properly. Due to Gaja Cyclone, the petitioner suffered loss. The petitioner made a representation dated 19.04.2019 to the respondents/ Insurance Company. In that regard, the petitioner has received a letter from the respondents, stating that the policy particulars has been forwarded to the surveyor. The learned counsel for the petitioner also submitted that the surveyor has also inspected the spot and surveyed the loss. Thereafter, no progress in this matter, hence the petitioner filed this present writ petition for seeking aforesaid remedy.
3. The learned Standing Counsel for the respondents 2 to 4 have filed a counter-affidavit and they have also filed a typed set of papers.
4. The learned Standing Counsel for the respondents 2 to 4 submitted that the petitioner has not covered under the insurance policy. Therefore, the petitioner is not entitled for the said relief. He also relied upon the judgment of this Court in W.P.No.3367 of 2018, dated 06.08.2018, the relevant portion of the order, it has been extracted here under:
" 5. This Court is of the opinion that even a direction to consider the representation cannot be granted in this writ petition, in view of the fact that the very dispute arises between the parties on account of certain contractual obligation. By issuing a direction under Article 226 of the Constitution of India, fresh cause of action cannot be created for adjudication in the matter before the competent civil Court of law. In the event of not considering the claim petitioner filed by the petitioner factual inference has to be draw and it is left open to the parties to adjudicate or draw of such inference before the competent Civil Court of law.
6.This Court is of an opinion that even for issuing a direction to consider the representation, the writ petitioner has to establish the legal right and in the absence of any such legal right for interference, then this Court will not be inclined to entertain such writ petition. This being the principles to be followed, it is left open to the respective parties to approach the competent authorities for the purpose of redressing their grievances."
4. Heard the learned counsel on either side and also perused the materials placed on records.
5.In view of the submissions made by the learned standing counsel and in the light of the above decision of this Court, this 2/3
Court is of the view that the petitioner has to seek his remedy before the competent civil Court or before the appropriate forum.
6. Accordingly, this Writ Petition is dismissed with above terms. No costs.
Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) das Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Thanjavur District, Thanjavur.
2.The Regional Manager, Oriental Insurance Company Limited, Regional Office, 78, TPK Road, 2nd Floor, Ramalinga Residency, Andalpuram, Madurai - 625 003.
3.The Divisional Manager, Oriental Insurance Company Limited, Gopal Rao Library Building, 1st Floor, Town Hall Road, Kumbakonam, Thanjavur District.
4.The Branch Manager, Oriental Insurance Company Limited, 94-E, South Kaliamman koil Street, Pattukkottai, Thanajvur District.
+1 CC to M/s.E. CHANDRASEKARAN, Advocate ( SR-16733[F] dated 14/09/2020 ) +1 CC to M/s.GP ( SR-16844[F] dated 15/09/2020 ) W.P.(MD) No.13370 of 2019 11.09.2020 SCR(CO) KK(22.09.2020) 3P 7C 3/3