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Madras High CourtWP/33948/2012dismissed as infructuous

K.Vel, v. The General Mamanger (Hr)

2022-01-05Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.33948 of 2012 and M.P.No. 1 of 2012 K.Vel ..

Petitioner Vs.

1. The General Manager (HR), (IR & Returning Officer/EPF, Trust Election) Neyveli Lignite Corporation Ltd, Corporate Office, H.R.Department, Block-1, Neyveli-607 801.

2. The Regional Provident Fund Comissioner, Sub Regional Office, Trichi, P.B.No.588, Shri Complex, D Block, No.18, Madurai Road, Trichirapalli- 620 008.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of 'Declaration', declaring the action of the 1st Respondent dated 10.12.2012 in rejecting the nomination of the Petitioner on the ground that the Petitioner was unqualified as illegal, null and void.

For Petitioner : Mr.N.G.R.Prasad For Mr.R.Rajaram For Respondents : Mr.N.Nithianandam for R1 :Mr.M.Palanimuthu for R2

O R D E R

The learned counsel for the respondent has informed this Court that the petitioner has submitted his nomination application to contest the election in the NLC EPF Trust. As per provisions under the Act, the period for holding the post of office bearers is for five years. Since the elections were conducted in the year 2012, the period for holding the post by the elected office bears expired in the year 2017 itself. Therefore, the prayer in the instant writ petition challenging the nomination of the aforesaid election has become infructuous.

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2. The learned counsel for the respondent has further submitted that if the petitioner has any grievance, he can approach the competent authority and seek remedy.

3. In view of the aforesaid submissions made by the learned counsel for the respondents, the writ petition is dismissed as having become infructuous. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ak To

1. The General Manager (HR), (IR & Returning Officer/EPF, Trust Election) Neyveli Lignite Corporation Ltd, Corporate Office, H.R.Department, Block-1, Neyveli-607 801.

2. The Regional Provident Fund Comissioner, Sub Regional Office, Trichi, P.B.No.588, Shri Complex, D Block, No.18, Madurai Road, Trichirapalli- 620 008.

+1 cc to Mr.N.Nithiananadan, Advocate Sr.NO. 611 W.P.No.33948 of 2012 and M.P.No. 1 of 2012 GPL(CO) A.SK(01.02.2022) https://hcservices.ecourts.gov.in/hcservices/