T.Anandan, S/O.Thirupalu, Genl v. The Principal Secretary Govt.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.12.2019 Coram THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.16944 of 2015 and M.P.No.1 of 2015 T.Anandan, s/o Thirupalu, General Secretary, Tamil Nadu Government Local Administration Full time Employees of Chennai, Kancheepuram, St. Thomad Mount Union, No.12, Gandhi Nagar, Old State Bank Colony, West Tambaram, Chennai-45.

... Petitioner Vs.

1. The Principal Secretary Govt. of Tamil Nadu, Local Administration Department, fort St. George, Chennai 600 009.

2. The Principal Secretary and The Commissioner, Corporation of Chennai, Chennai 600 003.

3. The Assistant Commissioner, Zone-14, Ulagaram, Puzhudhivakkam, Chennai.

4. The Assistant Commissioner, Zone-15, Shollinganallur, Chennai.

5. The Managing Director, Tamil Nadu Chennai Water Supply, Sewerage Board, Chindhadripet, Chennai.

... Respondents Prayer:

This Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 09.01.2015 in proceedings M.A.14.Na.Ka.No.A3/8942/2013 passed by the 2nd respondent and to quash the same and to direct the 2nd respondent to grant approval of the service as daily wages employees under the 3, 4 & 5 respondents by verifying the service register and attendance of the members of the petitioner association.

For Petitioner : M/s.D.Charles Muthu Santhan For Respondents : Mr.J.Ramesh, Addl. Gov.Pleader (for R1) Mr.Karthika Ashok (for R2 to R4) No appearance for R5.

O R D E R

Challenging the order passed by the Corporation of Chennai in proceedings M.A.14.Na.Ka.No.A3/8942/2013 dated 09.01.2015, the petitioner has filed this writ petition.

2. When the case was listed on 12.12.2019, this court raised a query to the learned counsel appearing for the writ petitioner that how the writ petition is maintainable, wherein the relief sought for is to regularise the service of the members, who are all working as NMR in the respondent Corporation for the past several years.

3. Today, on instruction, the learned counsel appearing for the writ petitioner submitted that he may be permitted to withdraw the writ petition with liberty to the members of the petitioner's association to make a individual claim to the respondent Corporation.

4. The learned counsel appearing for the respondents 2 to 4 submitted that if the employees made their claim individually, the same shall be considered in accordance with law.

5. In the light of the above said submissions , the writ petition is dismissed as withdrawn with a liberty to the members of the petitioner's association to make an individual claim to the respondent Corporation to seek their relief as prayed for in the writ petition, if so advised. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mst

To 1.The Principal Secretary Govt. of Tamil Nadu, Local Administration Department, fort St. George, Chennai 600 009.

2.The Principal Secretary and The Commissioner, Corporation of Chennai, Chennai 600 003.

3.The Assistant Commissioner, Zone-14, Ulagaram, Puzhudhivakkam, Chennai.

4.The Assistant Commissioner, Zone-15, Shollinganallur, Chennai.

5.The Managing Director, Tamil Nadu Chennai Water Supply, Sewerage Board, Chindhadripet, Chennai.

+2cc to Mr.D.Charles Muthu Santhan, Advocate SR.104273 +1cc to Mr.Karthikka Ashok, Advocate SR.104396 +1cc to the Government Pleader SR.105270 W.P.No.16944 of 2015 RSV(CO) CB(29/01/2020)