Bharathiya Kudankulam Anumin Thozhilalar Sangam (Bkats) v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR Bharathiya Kudankulam Anumin Thozhilalar Sangam (BKATS) Reg.No.1432/TVL Affiliated with Bharathiya Mazdoor Sangh (BMS) rep.by its General Secretary S.Oeikkattan S/o.Sudalai Muthu No.C-106, Anuvijay Township Radhapuram Taluk Tirunelveli District-627 120 ... Petitioner -vs1.The Director Central Electricity Authority Ministry of Power Government of India Sewa Bhawan New Delhi 2.The Director (HR) Nuclear Power Corporation of India Limited NUB, Anushakti Nagar Mumbai-400 094

3.The Site Director Kudankulam Nuclear Power Project Kudankulam Radhapuram Taluk Tirunelveli-627 106 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to consider the representations of the petitioner dated 12.06.2024 and 13.08.2024 and implement the Measures of Safety Regulations Section 7(3) of 2023 and thereby establish the Training Institutes as mandated and remove the employees engaged by the third respondent who lacks required qualification and training as mandated by the Regulations.

For Petitioner :

Mr.R.Muralikrishnan For Respondents :

Mr.K.Govindarajan Deputy Solicitor General of India assisted by Mr.M.Karthikeya Venkatachalapathy Senior Panel Counsel for Central Government for R1 Mr.C.Muthu Saravanan for R3

O R D E R

This writ petition has been filed by the petitioner - Association seeking a writ of mandamus directing the first respondent to consider its representations dated 12.06.2024 and 13.08.2024 and to implement the

measures of Safety Regulations, in specific, Regulation No.7(3) of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2023.

2. Along with this writ petition, the petitioner has also filed a copy of the proceedings of the first respondent bearing No.CEI/2/EI/RIO(N)/Insp./2024/650, dated 17.09.2024, wherein the representations of the petitioner dated 12.06.2024 and 13.08.2024 were considered. In spite of the communication of the said proceedings, the petitioner, without challenging the said proceedings of the first respondent, dated 17.09.2024, is once again seeking a writ of mandamus directing the first respondent to consider the very same representations, which were already considered by the first respondent.

3. In the light of the above, this Court does not see any reason to issue such a direction as sought for by the petitioner in the present writ petition in the absence of any challenge to the proceedings of the first respondent dated 17.09.2024.

4. Accordingly, this writ petition is dismissed. However, it is left open to the petitioner to take appropriate steps against the proceedings of the first respondent dated 17.09.2024. No costs. 18.02.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

The Director, Central Electricity Authority, Ministry of Power, Government of India, Sewa Bhawan, New Delhi.

MUMMINENI SUDHEER KUMAR, J.

krk 18.02.2025