← Library
Madras High CourtWP/19735/2017dismissed as infructuous

E.Amirthalingam v. The Union Of India

2023-09-11Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.Nos.21317 & 21320 of 2017 1.

E.Amirthalingam 2.

P.Rangasamy

...Petitioners in W.P.No.19735 of

1.

M.Murugan 2.

S.Srinivasan

...Petitioners in W.P.No.19735 of

Vs.

1.

The Union of India, Rep. by its Secretary, Ministry of Labour, Shram Shakti Bhavan, 2.

Ministry of Consumer Affairs, Food and Public Distribution, Rep. by its Secretary, Krishi Bhavan, New Delhi 3.

The Food Corporation of India, Rep. by its Chairman cum Managing Director, 16-20, Barakhamba Lane, 1/5

...Respondents in both W.P's.

Common Prayer: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the 1st respondent in connection with its notification bearing No.SO.2327(E) dated 06.07.2016 and quash in so far as it relates to the Food Storage Depot of the 3rd respondent in Tamilnadu.

In both W.P's.:

For Petitioners : Mr.Srinivas for M/s.Mythili Srinivas For Respondents : Mr.A.Murugan, CGC C O M M O N O R D E R Since the issue involved in both the Writ petitions are one and the same, they are disposed of by way of this common order.

2. These Writ petitions have been filed seeking quashment of the notification issued by the 1st respondent dated 06.07.2016 bearing No.SO. 2327(E), insofar as it relates to the Food Storage Depot of the 3rd respondent in Tamilnadu.

3. When the matters were taken up for hearing, the learned counsel 2/5

for the petitioners submitted that, though the petitioners have come up with these Writ petitions challenging the notification issued by the 1st respondent dated 06.07.2016 bearing No.SO. 2327(E), however, the same is valid for only 2 years and the same got lapsed as early as 2018 and subsequently, 3 other notifications have been issued by the Central Government in the year 2018, 2020 and last is of the year 2022, which is in still in effect till today.

4. In view of the above, this Court is of the view that, no further adjudication is necessary in these Writ petitions, as the impugned notification was replaced through the subsequent notifications. However, the petitioners are at liberty to file fresh Writ petition, if any further cause of action arises.

5. Accordingly, these Writ Petitions stand dismissed as infructuous. No costs. Consequently, connected Miscellaneous petitions are closed. 11.09.2023 skt NCC : Yes / No Speaking Order : Yes / No 3/5

Index : Yes / No To 1.

The Union of India, Rep. by its Secretary, Ministry of Labour, Shram Shakti Bhavan, 2.

Ministry of Consumer Affairs, Food and Public Distribution, Rep. by its Secretary, Krishi Bhavan, New Delhi 3.

The Food Corporation of India, Rep. by its Chairman cum Managing Director, 16-20, Barakhamba Lane, 4/5

M.DHANDAPANI., J.

skt and WMP.Nos.21317 & 21320 of 2017 11.09.2023 5/5