Perumal v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2017
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.1022 of 2017 Perumal ... Petitioner .Vs.
1.The Secretary, Social Welfare and nutrition Centre, Secretariat, Chennai.
2.The Director, International Children Welfare Service Department, Perumal Nallathambi Street, Periyar Nagar, Tharamani, Chennai.
3.The Project Officer, World Bank Aided Integrated Children Development Project, Collectorate Office, Dindigul District, Dindigul.
4.The Special Officer, Dr.soundaram Food Product Women's Development Cooperative Society S.W.90 Chinnalapatti, Dindigul.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus,directing the respondents 1 to 4 to consider the request of the Petitioner dated 6.7.2015.
For Petitioner :
M/s.T.Joseph Jayakumar For Respondents :
Mr.A.K.Baskarapandian, 1 to 3 Special Govt.Pleader
O R D E R
This Writ Petition has been filed, seeking a direction to the respondents 1 to 4 to consider the request of the Petitioner, dated 6.7.2015.
2.Mr.A.K.Baskarapandian, learned Special Govt. Pleader takes notice for the respondents 1 to 3.By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.
3.The Petitioner has come forward with the aforesaid prayer contending that her mother is employed as a labourer under the fourth respondent/society and that she met with an accident and lost her two fingers on the left hand and because of that, she was unable to discharge her work and she requested that her children may be provided with job.
4.From the documents filed by the Petitioner, there is no iota of evidence that the mother of the Petitioner has made a such request to the concerned respondent.
A reading of the representation would make it clear that there is a dispute between the brother and sister and that the petitioner has stated that he learnt that the respondents are ready to give employment to his sister. Admittedly, there is no representation given by the mother of the Petitioner with regard to providing employment either to the petitioner or to her daughter.
5.It is seen from the typed-set of papers that the representation forwarded by an Advocate on behalf of the Petitioner has been duly disposed of by the third respondent and a reply has also been sent to the said Advocate on 7.1.2015 itself. Thereafter persuading the same request, the Petitioner once again sent another representation.
6.It is relevant to point out that if the Petitioner's mother is unable to discharge her work, it is for her to seek appropriate relief before the respondents invoking Section 47 of the Persons with Disabilities(Equal Opportunities, Protection of Rights and Full Participation)Act, 1995, if the same is applicable.
7.This court need not go into all these details mentioned supra because the relief sought for by the Petitioner is against Co-operative Society and in order to avoid multiplicity of proceedings, without dismissing the writ Petition on the ground that no writ petition will lie against the Co-operative society, the same is disposed of with the above observation. No costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar
vsn To:
1.The Secretary, Social Welfare and nutrition Centre, Secretariat, Chennai.
2.The Director, International Children Welfare Service Department, Perumal Nallathambi Street, Periyar Nagar, Tharamani, Chennai.
3.The Project Officer, World Bank Aided Integrated Children Development Project, Collectorate Office, Dindigul District, Dindigul.
4.The Special Officer, Dr.soundaram Food Product Women's Development Cooperative Society S.W.90 Chinnalapatti, Dindigul.
+1CC to Spl.Government Advocate Sr.No.3795 GJM/CM/MSA/3.3.17-3p-6C W.P.(MD) No.1022 of 2017 23.01.2017