Madras High CourtWP/15782/2011dismissed

M.Karunanithi, v. The Secretary,

2016-06-29Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 29.06.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.15782 of 2011 M.Karunanithi ... Petitioner

Versus

1.The Secretary to Government Consumer Affairs, New Delhi 2.The Director of Legal Metrology New Delhi 3.The Director, Indian Institute of Legal Metrology Ranchi.

4.The Government of Tamil Nadu rep. by its Chief Secretary, Fort St.George, Chennai 600 009.

5.The Secretary, Consumer Affairs, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai 600 009.

6.The Secretary, Labour Department, Secretariat, Fort St.George, Chennai 600 009.

7.The Commissioner, Consumer Affairs, Chennai.

8.The Commissioner, Labour Department, D.M.S.Compound Mount Road, Chennai.

9.The Controller of Legal Metrology, D.M.S.Compound, Mount Road, Chennai.

10.P.Radhakrishnan 11.P.Kolandavel 12.A.Kutralam 13.R.Matheswaran 14.C.Kandasamy 15.P.Ambedkar 16.P.Krishnaveni 17.S.Srinivasan 18.N.Balusamy 19.G.Kumar 20.V.Balasubramaniam 21.P.Sivasuriyamani 22.M.Sengottian 23.R.Balasubramaniyan 24.V.Muthulakshmi 25.A.Perumal 26.A.Manoranchitham 27.S.Andivel 28.V.K.Rajarajan ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the respondents 4 to 6 to establish a separate Department in the Government of Tamil Nadu under the Legal Metrology Act, 2009, by recruiting persons who are exclusively qualified as per Section 14 of the Legal Metrology Act, 2009 read with Rule-28 of the Legal Metrology (General) Rules, 2011.

For Petitioner ::: No appearance For Respondents ::: Mr.D.Ramesh Kumar ACGSC for R.1 to R.3 Mr.S.T.S.Murthi Special Government Pleader assisted by Mr.V.Shanmugasundaram Government Advocate for R.4 to R.8 Mr.V.Suthakar for RR.10, 11, 13 to 20, 22, 25 to 28.

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) The petitioner seeks creation of a separate department in the Government of Tamil Nadu under the Legal Metrology Act, 2009 with recruitment of persons who are exclusively qualified as per the provisions of Section 14 of the said Act read with Rule 28 of the Legal Metrology (General) Rules, 2011.

2. The stand of the respondents is that the Legal Metrology is part of the Labour Department and only such persons who are qualified as per the Acts and Rules shall be posted.

3. As to whether a separate department is required or not is an aspect within the administrative domain of the respondents.

4. The writ petition stands dismissed, leaving the parties to bear their own costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ksr To 1.The Secretary to Government, Consumer Affairs, New Delhi 2.The Director of Legal Metrology,New Delhi 3.The Director, Indian Institute of Legal Metrology, Ranchi. 4.The Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai 600 009.

5.The Secretary, Consumer Affairs, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai 600 009.

6.The Secretary, Labour Department, Secretariat, Fort St.George, Chennai-9.

7.The Commissioner, Consumer Affairs, Chennai. 8.The Commissioner, Labour Department, D.M.S.Compound, Mount Road, Chennai.

9.The Controller of Legal Metrology, D.M.S.Compound, Mount Road, Chennai.

+ 1 CC to M/s.D.Ramesh Kumar, Advocate SR NO 36460 + 1 cc to Government Pleader SR NO 36500 W.P.No.15782 of 2011