Madras High CourtWP(MD)/9736/2017dismissed as withdrawal

Nagercoil Registered v. The Secretary

2021-07-20Honourable Mr Justice P.D.Audikesavalu2 pages

W.P. (MD) No. 9736 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.07.2021 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.9736 of 2017 and W.M.P.(MD)No.7473 of 2017 Nagercoil Registered Contractors Association, Represented through its President, M.M.Cleetus.

... Petitioner Vs.

1.The Secretary, Department of Ministry of Labour and Employment, New Delhi.

2.The Commissioner, Nagercoil Municipality, Nagercoil.

3.The Assistant Commissioner, Employment Provident Fund Organization, Nagercoil Region, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the Second Respondent's impugned notice in Na.Ka.No.2795/2016/E1 dated 03.03.2017 and quash the same within the period stipulated by this Court.

For Petitioner : Mr. A.Haja Mohideen For R-1 & R-3 : Mr. R.Ragaventhran For R-2 : Mr. P.Athimoolapandian

O R D E R

(through video conference) When it is pointed out that the Petitioner, which is an Association, cannot file a Writ Petition seeking relief espousing the cause of its individual members and does not affect any legal right of that Association as held by the Hon'ble Supreme Court of India in Mahinder Kumar Gupta -vs- Union of India [(1995) 1 SCC 85], Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the individual members of the Petitioner Association to work out their remedy before appropriate forum in the manner recognized by law. He has also filed a memo dated 20.07.2021 to that effect through e-mail, which has https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P. (MD) No. 9736 of 2017 been placed on record.

2.In the result, this Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is dismissed. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Secretary, Department of Ministry of Labour and Employment, New Delhi.

2.The Commissioner, Nagercoil Municipality, Nagercoil.

3.The Assistant Commissioner, Employment Provident Fund Organization, Nagercoil Region, Kanyakumari District.

W.P.(MD)No.9736 of 2017 20.07.2021 RS (26.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2