High CourtsSingle Bench(2002) 03 MAD CK 0138

Dr. Puratchi Thalaivi J. Jayalalitha Podhu Thozhilalargal Nala Sangam and Tamil Nadu Slum Clearance Board, Madras vs The Tamil Nadu Slum Clearance Board and The Government of Tamil Nadu

Madras High Court · Decided on 28 March 2002

HON’BLE JUDGES
V.S. Sirpurkar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 910 of 1996

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Judgment

2 paragraphs · 322 words

V.S. Sirpurkar, J.—In this writ petition the writ petitioner, which is the registered association (wrongly mentioned as ''under the Trade Unions Act''), complains against one order dated 28.11.95 passed by the Chairman vide Office Order No.4/95/J1. By this order it seems to have been directed by the Chairman that all the files relating to the technical staff should be dealt with by the Chief Engineer, the third respondent and they need not be routed through the Secretary to the Board, who is the Chief Executive Officer under the Act. The association claims that there were allegations against the Chairman as also against the third respondent and therefore, they should not take up this practice of avoiding the Secretary, who is the Chief Executive Officer of the Board.

2.

In the first place one fails to understand as to how this writ petition is maintainable at all. It is for the Board to decide as to how it should operate. Secondly, as to how those files should be dealt with is entirely in the hands of those who can actually deal with those files. It is not pointed out in the writ petition that any injustice has actually been caused to any of the members of the petitioner association. Only a general and wild allegation has been thrown that the Chairman who himself faces certain allegations should not have taken the recourse to allowing the files of the technical personnel to be dealt with by the Chief Engineer without their being routed through the Secretary. The petition has absolutely no merits because firstly the association has no locus standi, there is no cause of action for the petitioner either and thirdly the internal order passed by an organisation does not amount to administrative action and cannot be challenged. Writ petition has no merits. It is dismissed. In the circumstances, the petitioner shall pay a cost of Rs.500/-. Consequently, W.M.P. No.1439/96 is also dismissed.