Tamilnadu Nethaji Subhash Chandra Bose v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 9925 of 2020 Tamil Nadu Nethaji Subhash Chandra Bose Unorganized Construction and Fishing Workers Security Council Represented by its President P.Muthu No.14/9, Nochikuppam Mylapore, Chennai - 600 004.

... Petitioner -vs1. The Chief Secretary

2. The Secretary Department of Labour and Employment ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to consider their representation dated 03.06.2020 for providing corona relief fund to its member without insisting renewed membership card from the Unorganized Workers Welfare Board.

For Petitioner :

Mr. D.Kumaralingam For Respondents:

Mr. D. Sathyaraj, Special Government Pleader

O R D E R

(through video conference) Heard Mr. D.Kumaralingam, Learned Counsel for the Petitioner and Mr. D. Sathyaraj, Learned Special Government Pleader, who takes notice for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

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2.

The Writ Petition has been filed for a direction to the Respondents to consider the representation dated 03.06.2020 made by the Petitioner for providing corona relief fund to its member without insisting renewed membership card from the Unorganized Workers Welfare Board.

3.

On a perusal of the aforesaid representation dated 03.06.2020 as well as the affidavit filed in support of the Writ Petition, there does not appear to be any acceptable explanation for the members of the Petitioner Association for not having obtained renewal cards from the Unorganized Workers Welfare Board. Moreover, the Unorganized Workers Welfare Board is a necessary party for proper adjudication of the entitlement to the relief claimed.

4.

When the aforesaid deficiencies in the representation and the Writ Petition is pointed out, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to make proper representation and pursue further action after ensuring that all necessary persons have been added as parties to that proceedings. He has also sent confirmatory e-mail dated 03.08.2020 to that effect, which is placed on record.

5.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar maya/vjt To

1. The Chief Secretary 2/3

2. The Secretary Department of Labour and Employment W.P. No. 9925 of 2020 cp(co) aa12/08/2020 3/3