S.Arumugam v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.17579 of 2019 and WMP.No.17055 of 2019

1. S. Arumugm

2. K. Balakrishnan

3. T. Tulasimani

4. K. Saravanan

5. S. Jeevithan

6. K. Lingeswaran

7. K. Velliangiri

8. P. Duraisamy

9. B. Vadivel ..Petitioners vs

1. The District Collector, Tirupur.

2. The Commissioner, Tirupur Corporation, Tirupur.

3. Amirtha Educational & Charitable Trust, No.56, RVE Nagar South, 5th Street, Kangeyam Road, Tirupur. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 1st ad 2nd respondents to implement the orders in the light of W.P.(MD) No.24081 of 2018 and consequently to consider the petitioners representation dated 03.05.2019 and 28.05.2019 and pass such further or other orders. For Petitioners : Mr. M. Dinesh For Respondents : Mrs. A. Srijayanthy, AGP for R1 Ms.P. Shanthi for R2

O R D E R

The petitioners have filed this Writ Petition seeking to direct the 1st and 2nd respondents to implement the orders in the light of W.P.(MD) No.24081 of 2018 and consequently to consider the petitioners' representations dated 03.05.2019 and 28.05.2019.

2. The case of the petitioners is that the petitioners were appointed under the 2nd respondent as drivers on contractual basis. The grievance of the petitioners is that they were paid their emoluments through the 3rd respondent, for which they made representation to pay their emoluments directly to the petitioners without any middle men, in the light of the decision rendered by the Division Bench of this Court in W.P.(MD)No.24081 of 2018.

3. The learned counsel for the petitioner would submit that similar type of issue was raised before the Hon'ble Madurai Bench of Madras High Court wherein this Hon'ble Court issued direction to pay the NMR workers their emoluments directly without any middle men. However in the present case the emoluments are paid through 3rd respondent and therefore aggrieved by the said contention, the petitioners have filed the present Writ Petition.

4. The learned counsel for the petitioners would submit that aggrieved petitioners have submitted representations dated 3.5.2019 and 28.5.2019 to the respondents to implement the orders of this Hon'ble Court dated 31.01.2019 in WP.(MD)NO.24081 of 2018, but till date the said representations were not considered hence, it would be suffice to issue direction to the second respondent to pass orders on the representations dated 3.5.2019 and 28.05.2019 submitted by the petitioners.

5. Without expressing any opinion on the merits of the case and considering the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to the second respondent to dispose of the representations submitted by the petitioners on 03.05.2019 followed by 28.05.2019 on merits and in accordance with law within a period of Eight (8) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. mrn Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

To

1. The District Collector, Tirupur.

2. The Commissioner, Tirupur Corporation, Tirupur.

3. Amirtha Educational & Charitable Trust, No.56, RVE Nagar South, 5th Street, Kangeyam Road, Tirupur.

W.P.No.17579 of 2019 and WMP.No.17055 of 2019 Kak(05/11/2019)