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Indian Institute Of Insurance ... vs The Union Of India

Madras High Court|09 December, 2009

JUDGMENT / ORDER

This Writ Petition has been filed praying for the issuance of a Writ of Mandamus, to direct the second respondent to dispose of the representations of the petitioner, dated 09.03.2007 and 05.09.2007 and pass appropriate orders thereon.
2. Heard Mr.C.Kamaraj, the learned counsel appearing on behalf of the petitioner and Mr.P.Krishnasamy, learned counsel, appearing on behalf of the first respondent and Mr.M.B.Raghavan, the learned counsel appearing on behalf of the second respondent and Mr.S.Srinivasaraghavan, the learned counsel appearing on behalf of the respondents 3 to 14.
3. The main grievance of the petitioner is that the respondent should engage in-house surveyors for conducting insurance surveys. The petitioner had also stated that external independent surveyors should be engaged for insurance surveys. Therefore, the petitioner had submitted representations, dated 09.03.2003 and 05.09.2009, to the second respondent.
4. Even though the second respondent and some of the other insurance companies, who are respondents herein, have filed their counter affidavits, denying the allegations made by the petitioner, the learned counsels appearing on behalf of such respondents have no objection in responding to the representation of the petitioner, 05.09.2009, within a specified period.
5. In view of the limited prayer sought for in the Writ Petition and in view of the submissions made by the learned counsels appearing on behalf of the respondents, the second respondent is directed to dispose of the representation of the petitioner, dated 05.09.2009, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, as well as to the other parties concerned, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish a copy of the representation, dated 05.09.2009, to the second respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.
5. Accordingly, the writ petition is disposed of, with the above directions. Consequently, connected Miscellaneous Petition is closed. No costs.
vsn To
1. The Secretary, Union of India, Ministry of Finance, New Delhi.
2. The Chairman, Insurance Regularity and Development Authority(IRDA), Parisarama Bhavan, 5-9-58/B, Basirbagh, Hyderabad - 500 004.
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Title

Indian Institute Of Insurance ... vs The Union Of India

Court

Madras High Court

JudgmentDate
09 December, 2009