Tamil Nadu Thirukoil Thozhil Nutpa v. Addl.Chief Secretary To Govt.,
W.P(MD)No.9286 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.9286 of 2021 W.M.P.(MD).No.6991 of 2021 Tamil Nadu Thirukovil Thozhil Nutpa Paniyalarkal Sangam rep.by its General Secretary, No.133/B 18, Subramaniapuram, Tiruchendur, Thoothukudi District-628 215. ... Petitioner versus 1.The Additional Chief Secretary to Government, Tourism, Culture and Religious Endowments Department, Secretariat, Chennai-600 009.
2.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai-600 034.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondents to absorb the Members of the Petitioner Association, according to their eligibility as Engineers and Technical Staff in the posts sanctioned in G.O.(Ms).No.108, Tourism, Culture and Religious Endowments Department dated 09.08.2019 and in the posts sanctioned in G.O.(Ms).No.154, Tourism Culture and Religious Endowments Department dated 20.11.2020.
For Petitioner :Mr.G.Kannan for M/s.Veera Associates For Respondents :Mr.J.Ashok Additional Government Pleader
O R D E R
The writ petitioner has filed this Writ Petition seeking a direction to the respondents to absorb the Members of their association in the posts sanctioned in G.O.(Ms).No.108, Tourism, Culture and Religious Endowments Department dated 09.08.2019 and G.O.(Ms).No.154, Tourism, Culture and Religious Endowments Department dated 20.11.2020.
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W.P(MD)No.9286 of 2021
2. When the matter is taken up for hearing, the learned Additional Government Pleader raised preliminary objection on the maintainability of this writ petition filed by an association that as per the dictum laid down by the Principal seat of this Court in the case of TAMILAGA ASIRIYAR KOTTANI vs. THE GOVERNMENT OF TAMIL NADU reported in 2005 3 MLJ 252, an Association cannot file a writ petition or writ appeal for their members and if any person is aggrieved over the Government order, it is for such person to file a writ petition or writ appeal.
3. This writ petition is filed by the association for absorption of its members in certain posts. The Association cannot take up this cause and as per the settled position of law, this Court is not inclined to entertain this writ petition. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is also closed.
Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb Note:
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To 1.The Additional Chief Secretary to Government, Tourism, Culture and Religious Endowments Department, Secretariat, Chennai-600 009.
2.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai-600 034.
+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-35918[F] dated 25/11/2021 ) +1 CC to M/s.SPL GP ( SR-35893[F] dated 25/11/2021 ) W.P(MD)No.9286 of 2021 24.11.2021 MGJ(03.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2