Nallathambi P v. Nuclear Power Corporation of India

ORDER This Writ Petition has been filed for issuance of writ of mandamus directing the respondents to issue RFID Entry Pass to the petitioner by considering the representation made by the petitioner on 24.11.2021.

¶2When the matter came up for hearing on 21.11.2023, it was brought to the notice of this Court that the contract period of the petitioner has already come to an end and therefore, the petitioner is not entitled to seek for the Entry Pass.

¶3The learned counsel for the petitioner submitted that there are some new contracts given in favour of the petitioner and therefore sought time to place some materials before this Court. Accordingly, the matter was directed to be posted for hearing today.

¶4When the matter was taken up today, the learned counsel for the petitioner, by placing reliance upon the additional typed set of papers, submitted that two new contracts have been given in favour of the petitioner. The first contract is dated 17.03.2022 and the second contract is dated 06.06.2023. The learned counsel submitted that in the light of the subsisting contracts, direction must be issued to the respondents to give Entry Pass.

¶5In reply to the above submission, the learned standing counsel appearing on behalf of the respondents 2 and 3 submitted that so far as the first contract dated 17.03.2023 is concerned, RFID Entry Pass has already been issued to the petitioner on 04.11.2023. The learned counsel further submitted that the petitioner is yet to make an application seeking for RFID Entry Pass for the second contract dated 06.06.2023. If any such application is made, the same will be considered by the respondents 2 and 3.

¶6Taking into consideration and the facts and circumstances of the case and the submission made by the learned standing counsel, it is left open to the petitioner to make a fresh application to the respondents 2 and 3 and seek for RFID Entry Pass based on the second contract dated 06.06.2023. On receipt of the application, the request shall be considered and necessary Entry Pass shall be given to the petitioner within a period of two weeks from the date of the application from the petitioner.

¶7This Writ Petition is disposed of with the above directions. No costs.

30.11.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No CM To,

¶1Nuclear Power Corporation of India World TradeCenter, Cuffle Parade, Colaba Mumbai Maharastra

¶2The Senior Manager, (HR-ER & DC) CPIO Kudankulam Nuclear Power Corporation of India Limited Kudankulam, Radhapuram Taluk, Tirunelveli – 627 106.

¶3The Site Director, Kudankulam Nuclear Power Project, Nuclear Power Corporation of India Limited, Kudankulam, Radhapuram Taluk, Tirunelveli – 627 106.

N.ANAND VENKATESH, J. CM W.P.(MD)No.22201 of 2021 Dated:

30.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.22201 of 2021 P. Nallathambi ...Petitioner /Vs./ 1. Nuclear Power Corporation of India World TradeCenter, Cuffle Parade, Colaba Mumbai Maharastra 2. The Senior Manager, (HR-ER & DC) CPIO Kudankulam Nuclear Power Corporation of India Limited Kudankulam, Radhapuram Taluk, Tirunelveli – 627 106. 3. The Site Director, Kudankulam Nuclear Power Project, Nuclear Power Corporation of India Limited, Kudankulam, Radhapuram Taluk, Tirunelveli – 627 106. ...Respondents PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct respondents to issue RFID ENTRY PASS to the petitioner and his son Paulraj by considering the representation dated 24.11.2021. For Petitioner : Mr.R.Maheswaran For R1 : No Appearance For R2 & R3 : Mr.C.Muthusaravanan Standing Counsel