Pallavapuram Nagaratchi v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 8934 of 2015 and M.P. No. 1 of 2015 and W.M.P. No. 1045 of 2017 Pallavapuram Nagarathchi Pathivupetra Oppanthakaararkal Nala Sangam, (Regd Society No. 152/2011), Rep by its Secretary R. Aravindan, No. 82, Srinivasan Nagar, Chitlapakkam Post, Hasthinapuram, Chennai - 600 064.

... Petitioner -vs1. The Commissioner, Pallavaram Municipality, Pallavaram, Chennai - 600 044.

2. The Regional Provident Fund Commissioner, Employees Provident Fund Office, No. 3, Rajaji Salai, West Tambaram, Chennai - 600 045.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the impugned order dated 10.03.2015 passed by the First Respondent vide its proceedings in Na. Ka. No. 10558/2012/E1 and quash the same. For Petitioner : Mr. V. Srikanth For Respondents: Mr. P. Srinivas, Standing Counsel (for R1) Mr. K. Ramu, Standing Counsel (for R2) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(through video conference) When it is pointed out that the Petitioner which is an Association cannot file a Writ Petition seeking relief espousing the cause of its individual members and does not affect any legal right of that Association as held by the Hon'ble Supreme Court of India in Mahinder Kumar Gupta -vs- Union of India [(1995) 1 SCC 85], Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition and he has made an endorsement to that effect, which is recorded. 2.

Since this Court has not expressed any view on the correctness or otherwise on the merits of the contentions, it is made clear that it would not preclude the individual members of the Association of the Petitioner, who may be aggrieved to work out their remedies before the proper forum in the manner recognized by law.

3.

In the result, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Commissioner, Pallavaram Municipality, Pallavaram, Chennai - 600 044.

2. The Regional Provident Fund Commissioner, Employees Provident Fund Office, No. 3, Rajaji Salai, West Tambaram, Chennai - 600 045.

W.P. No. 8934 of 2015 AK(CO) RV(27/08/2020) https://hcservices.ecourts.gov.in/hcservices/