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Madras High CourtWP/11639/2021dismissed with cost

Raandilyachozhan Saminathan v. The President

2021-06-08Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.06.2021 Coram The Honourable Mr.Justice V.PARTHIBAN W.P.No.11639 of 2021 Raandilyachozhan Saminathan S/o. P. Saminathan Kadlangudi, Thirumenuyar Koil Post, Mayiladuthurai Taluk, Mayiladuthurai district - 609204.

...Petitioner

Versus

1. The President, Southern India Cinematographers' Association, No.7, JVL Arcade, 18, North Usman Road, Chennai - 600 017.

2. The Joint Commissioner of Labour-1, Teynampet, Chennai - 600 006.

...Respondents

PRAYER : This Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the second respondent to consider the representation of the petitioner dated 19.03.2021, direct the first respondent to offer membership to the petitioner in the first respondent trade union on the basis of his application dated 27.07.2015 and direct the first respondent to pay the petitioner a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) towards loss of monetary income, frustration and mental agony caused to the petitioner by the respondent, along with costs.

For Petitioner :

Mr.T.S.Charles

O R D E R

This writ petition has been filed to direct the second respondent to consider the representation of the petitioner dated 19.03.2021 and direct the first respondent to offer membership to the petitioner in the first respondent trade union on the basis of his application dated 27.07.2015 and direct the first respondent to pay the petitioner a sum of Rs.10,00,000/-

(Rupees Ten Lakhs only) towards loss of monetary income, frustration and mental agony caused to the petitioner by the first respondent, along with costs.

2. The case of the petitioner is that he was working in the Film Industry as a Cameraman and claims to have assisted several cinematographers in film making process. He claims himself to be an experienced person in the field and also completed the course of training in National Film Development Corporation, Chennai.

3. The grievance of the petitioner is that he applied for the membership in the first respondent Association in the year 2015 by paying a sum of Rs.150/-. But however, his application has not been considered till date. In that regard, he claims to have submitted a representation recently on 19.03.2021, to the second respondent and requested the second respondent to issue direction to the first respondent to consider grant of membership to the petitioner and also direction to the first respondent for payment of Rs.10,00,000/- towards damages for causing mental agony to him.

4. This Court is aghast that as to how the petitioner has come up with such writ petition, which is, in all fours, is not maintainable. Firstly, no mandamus could be issued to the first respondent who is a private Association. Secondly, on what basis, the petitioner is claiming huge compensation of Rs.10,00,000/- from the first respondent which, this Court is unable to comprehend.

5. On the whole, this Court is of the view that the present writ petition is misconceived, ill-advised and ought to be rejected outright. The petitioner has taken the constitutional jurisdiction rather lightly without a semblance of seriousness attached with the writ jurisdiction of this Court and has come up with a frivolous litigation like this.

6. This Court's precious time has been wasted by such litigation and therefore, this is a fit case where the writ petition has to be dismissed with exemplary cost.

7. In the above circumstances, this writ petition stands dismissed with cost of Rs.5000/- payable to the Hon'ble Chief Minister's Covid Relief Fund, within a period of two weeks from the date of receipt of a copy of this order. In case, the cost

is not paid, the same shall be recovered by the Collector, Mayiladuthurai District, under the provisions of the Revenue Recovery Act.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar gsk To

1. The President, Southern India Cinematographers' Association, No.7, JVL Arcade, 18, North Usman Road, Chennai - 600 017.

2. The Joint Commissioner of Labour-1, Teynampet, Chennai - 600 006.

3. The Collector, Mayiladuthurai District.

4. The Personal Secretary, Secretary to Government, Hon'ble Chief Minister's Covid Relief Fund Fort St.George, Chennai-9.

+1 CC to Mr. T.S. Charles, Advocate, Sr 27581. W.P.No.11639 of 2021 VG-II(CO) LS(16/07/2021)