K.K.Ramesh, Managing Trustee v. The Government Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.6471 of 2017 K.K.Ramesh ... Petitioner -vs1.The Government of India rep.by its Home Secretary Ministry of Home Affairs New Delhi 2.The Government of India rep.by its Foreign Secretary Ministry of External Affairs New Delhi 3.Government of India rep.by its Principal Secretary Ministry of Human Resource Department Shastri Bhawan, C-Wing Dr.Rajendra Prasad Road New Delhi-110 001

4.The Government of Tamilnadu rep.by its Home Secretary Secretariat, Chennai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to constitute a Board or some Agency comprising of Central and State Governments, Higher Officials in such a way that only through the control and supervision and superintendence of such Agency all Tamilnadu Labourers should be taken abroad for employment to prevent atrocities committed on them by the foreign employers and also to ensure minimum standard of living and occupation by considering the petitioner's representation dated 14.06.2016. For Petitioner :

Mr.T.R.Subramanian for Mr.S.M.Mohamed Salim For Respondents :

No appearance for R1 to R3 Mr.N.Satheesh Kumar Additional Government Pleader for R4

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in these pro bono publico is to direct the respondents to constitute a Board or some Agency comprising of Central and State

Governments, Higher Officials in such a way that only through the control and supervision and superintendence of such Agency, all Tamilnadu Labourers should be sent abroad for employment to prevent atrocities committed on them by the foreign employers and also to ensure minimum standard of living and occupation by considering the petitioner's representation dated 14.06.2016.

2. On a careful perusal of the materials available record, we find no material to show that the petitioner has filed this writ petition under the guise of public interest litigation as per the parameters laid down by the Honourable Supreme Court in the case of Guruvayoor Devaswom Managing Committee vs. C.K.Rajan, reported in (2003) 7 SCC 546 and the subsequent decisions of the Honourable Supreme Court in the case of Ashok Kumar Pandey vs. State of West Bengal and others, reported in (2004) 3 SCC 349, Neetu vs. State of Punjab, reported in (2007) 1 SCC 614 and State of M.P. vs. Narmada Bachao Andolan, reported in (2011) 7 SCC 639. In such circumstances, we are not inclined to entertain the present writ petition.

3. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] [R.V., J.] 23.01.2024 NCC :

Yes / No Index :

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Yes / No krk To:

1.The Home Secretary, Ministry of Home Affairs, Government of India, New Delhi.

2.The Foreign Secretary, Ministry of External Affairs, Government of India, New Delhi.

3.The Principal Secretary, Ministry of Human Resource Department, Government of India, Shastri Bhawan, C-Wing, Dr.Rajendra Prasad Road, New Delhi-110 001.

4.The Home Secretary, Government of Tamilnadu, Secretariat, Chennai.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and W.M.P.(MD) No.6471 of 2017 23.01.2024