Arakkonam Nagara Kattumana v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 33022 of 2016 and W.M.P. Nos. 28531 and 28532 of 2016 Arakkonam Nagara Kattumana Oppanthakarargal Sangam, Represented by its President G.Ravi, No. 34, Gandhi Road - 5, Suvalpettai, Arakkonam - 1, Vellore District.

...Petitioner

-vs1. The Commissioner, Arakkonam Municipality, Arakkonam, Vellore District.

2. The Assistant Provident Fund Commissioner, Sub-Regional Office, Employees Provident Fund Organisation, No. 31, Filterbed Road, Vellore.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, to call for the records of the First Respondent in his proceedings in Na. Ka. No. 1217/E1/2013-4 dated 23.06.2016 and quash the same.

For Petitioner :

Mr. K.M.Balaji For Respondents :

Mr. S.S.Swaminathan (for R1) No appearance (for R2) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Heard Mr. K.M.Balaji, Learned Counsel for the Petitioner and Mr. S.S.Swaminathan, Learned Counsel for the First Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

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 -vsUnion of India [(1995) 1 SCC 85], Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the individual members of the Petitioner Association to work out their remedy before appropriate forum in the manner recognized by law and he made an endorsement to that effect in the court record. 2.

In the result, this Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar gd To

1. The Commissioner, Arakkonam Municipality, Arakkonam, Vellore District.

2. The Assistant Provident Fund Commissioner, Sub-Regional Office, Employees Provident Fund Organisation, No. 31, Filterbed Road, Vellore.

+1cc to Mr.S.S.Swaminathan, Advocate SR. No. 36621 +1cc to Mr.K.M.Balaji, Advocate SR. No. 37040 W.P. No. 33022 of 2016 SV (CO) PR (23/06/2022) https://hcservices.ecourts.gov.in/hcservices/