Madras High CourtWP(MD)/5013/2016dismissed as withdrawal

Tirunelveli Oppanthakarargal v. The Secretary,

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

W.P. (MD) No. 5013 of 2016 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. 5013 of 2016 and W.M.P. (MD) Nos. 4470 and 8002 of 2016 Tirunelveli Oppanthakarargal Nala Sangam, Represented through its Secretary, E.Mani.

... Petitioner Vs.

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

2.The Commissioner, Employment Provident Fund Organization, Madurai Region, Madurai.

3.The Assistant Commissioner, Employment Provident Fund Organization, Tirunelveli Region, Tirunelveli.

4.The Commissioner, Tirunelveli Corporation, Tirunelveli 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 Fourth Respondent's notice in Na.Ka.No.C3/5031/2012 dated 22.02.2016 and quash the same within the period stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For R-1 : Mr.P.Paulpandi For R-2 & R-3 : Mr.K.MuraliShankar For R-4 : Mr.Aayiram K.Selvakumar

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P. (MD) No. 5013 of 2016 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 been placed on record.

2.In the result, this Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petitions are 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, Employment Provident Fund Organization, Madurai Region, Madurai.

3.The Assistant Commissioner, Employment Provident Fund Organization, Tirunelveli Region, Tirunelveli.

4.The Commissioner, Tirunelveli Corporation, Tirunelveli District.

+1 CC to M/s.K.MURALI SANKAR, Advocate ( SR-23458[F] dated 22/07/2021 ) +1 CC to M/s.P.PAULPANDI, Advocate ( SR-23464[F] dated 22/07/2021 ) W.P.(MD)No.5013 of 2016 20.07.2021 RS (26.08.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2