A public-spirited petitioner sought reconsideration of engaging contractors for solid waste management instead of temporary sanitary workers, with pay protection. The court held such relief cannot be sought via PIL while the State is actively considering suitable arrangements, and dismissed the writ petition.
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W.P.(MD) No.34862 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.12.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.P.(MD) No.34862 of 2025
P.S.Arulraj
... Petitioner
-vs-
1.The Secretary Municipal Administration and Water Supply Department Chennai-600 009
2.The Director of Municipal Administration Chennai MRC Nagar, Santhome High Road Raja Annamalai Puram-600 028 ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to consider the petitioner's representation dated 20.02.2024 with regard to reconsideration of cancelling the implementation of solid waste management activities through service
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W.P.(MD) No.34862 of 2025
providers / agency / contractor and to reconsider appointing sanitary workers temporarily and appoint them as permanent employees on completion of three years.
For Petitioner : Mr.A.Sivasubramanian For Respondents : Mr.P.Thilakkumar Government Pleader
O R D E R
[Order of the Court was made by DR.G.JAYACHANDRAN, J.]
The petitioner, claiming himself as a public spirited person with concern over the sanitation workers engaged by the local bodies, has given a representation dated 20.02.2024 to the respondents to reconsider the decision of the Government to engage service providers / agency / contractors for solid waste management activities instead of the existing temporary workers and to give them pay protection and service protection.
2. From the pleadings and the typed set of papers, it is seen that already this issue has been raised by Associations and orders have been passed from time time by this Court. Regarding regularisation of service and
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W.P.(MD) No.34862 of 2025
pay protection, public interest litigation is not maintainable, more so, when the State is under the active consideration of making suitable arrangements for solid waste management and also to use the temporary workers, who have already been in the said activity. Hence, this writ petition as a public interest litigation is dismissed. No costs.
[G.J., J.] [K.K.R.K., J.]
01.12.2025
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
To:
1.The Secretary, Municipal Administration and Water Supply Department, Chennai-600 009.
2.The Director of Municipal Administration Chennai, MRC Nagar, Santhome High Road, Raja Annamalai Puram-600 028.
_____________ Page 3 of 4_
W.P.(MD) No.34862 of 2025
DR.G.JAYACHANDRAN, J. AND K.K.RAMAKRISHNAN, J.
krk
W.P.(MD) No.34862 of 2025
01.12.2025
_____________ Page 4 of 4_
1 issue framed by the court
Whether a public interest litigation by a third party seeking regularisation and pay protection of temporary sanitary workers is maintainable.
1 provisions across 1 enactments
P.S.Arulraj
The Secretary Municipal Administration and Water Supply Department Chennai-600 009
The Director of Municipal Administration Chennai MRC Nagar Santhome High Road Raja Annamalai Puram-600 028
G.Jayachandran
K.K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
