Disposed¶25

M.Subramaniyan, Secretary v. the Assistant Labour

Madras HC3 Jun 2026WP/30648/2008

Case brief

AI extract

What is this about?

Madras High Court writ petition (Article 226, certiorarified mandamus) closed as infructuous; subsistence allowance arrears Rs.1,22,696/- for 18.07.2002–27.07.2005 with 18% interest claimed under Tamil Nadu Payment of Subsistence Allowance Act, 1981 ('the Act of 1981'); impugned order dated 23.1.2008 in PSA 1/537/2005 by Assistant Labour Commissioner, Salem; petitioner Secretary of Somanahalli Milk Producers Cooperative Society (TDP 224), Dharmapuri; Full Bench order dated 15.07.2022 on Co-ordinate Bench reference noted Society defunct, no body to pay, issue academic; writ petition closed as infructuous, no costs; judge T. Vinod Kumar; decided 03.06.2026.

What did the court decide?

None; the writ petition was closed as infructuous with no costs, without adjudicating the claim on merits. ¶25

M.Subramaniyan, Secretary Vs the Assistant Labour — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

None; the writ petition was closed as infructuous with no costs, without adjudicating the claim on merits.

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Issue for consideration

Whether the order dated 23.1.2008 in PSA 1/537/2005 of the first respondent should be quashed and a direction issued to the second respondent to disburse to the petitioner arrears of subsistence allowance of Rs.1,22,696/- for the period 18.07.2002 to 27.07.2005 with interest at 18% for the delay.

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Court's answer

Since the Full Bench had closed the reference on the footing that the second respondent Society had become defunct, the cause in the writ petition does not survive for consideration and the writ petition has become infructuous.

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Ratio / Principle

The writ petition is accordingly closed as infructuous, with no costs.

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Detailed headnote1 paragraphs

Madras High Court (T. Vinod Kumar, J.) — W.P.No.30648 of 2008, decided 03.06.2026. The petitioner, Secretary of TDP 224, Somanahalli Milk Producers Cooperative Society, had sought quashing of the order dated 23.1.2008 in PSA 1/537/2005 of the first respondent (Assistant Labour Commissioner, Salem, Authorised Officer under the Payment of Subsistence Allowance Act) and a direction to the second respondent (Special Officer of the Society) to disburse subsistence allowance arrears of Rs.1,22,696/- for 18.07.2002–27.07.2005 with 18% interest. At hearing, counsel for both sides drew attention to the Full Bench order dated 15.07.2022, passed on a reference from a Co-ordinate Bench under the Tamil Nadu Payment of Subsistence Allowance Act, 1981, in which the Full Bench recorded that the second respondent Society had become defunct, that there was no body left to make any payment even if a favourable order were passed, that the issue had been rendered academic, and closed the reference. Holding that the cause in the writ petition consequently did not survive, the Court closed the writ petition as infructuous, with no costs. No precedent was cited and the substantive entitlement question was left unadjudicated.

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W.P.No.30648 of 2008 IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.06.2026

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CORAM

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THE HONOURABLE MR.JUSTICE T.VINOD KUMAR

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W.P.No.30648 of 2008

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M.Subramaniyan, Secretary Tdp 224, Somanahalli Milk Producers Cooperative Society, Somanahalli Village, Palacode Taluk, Dharmapuri Dist.

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Petitioner(s)

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1.The Assistant Labour Commissioner, Salem 636 007 (Authorised Officer Under The Payment Of Subsistence Allowance Act) 2.The Special Officer TDP 224, Somanahalli Milk Producers Cooperative Society, Somanahalli, Palacode Taluk, Salem Dist.

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Respondent(s)

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Prayer : This Writ Petition is filed under article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1^st respondent relating to the order dated 23.1.2008 in PSA 1/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.30648 of 2008 37/2005, quash the same and issue direction to the 2^nd respondent to disburse to the petitioner the arrears of Subsistence Allowance of Rs.1,22,696/- for the period from 18.07.2002 to 27.07.2005 within a time frame with interest at 18% for the delay.

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For Petitioner : Mr.R.Thamarai Selvan

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For Respondents : Ms.Y.Kavitha for R1 Additional Government Pleader Mr.A.Arumugam for R2

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ORDER

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When the matter is taken up for hearing, the learned counsel for the

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petitioner as well as the learned Government Advocate appearing on behalf of the respondents had brought to the notice of this Court the order dated 15.07.2022 passed by the Full Bench of this Court pursuant to reference made by the Co-ordinate Bench of this Court with regard to payment of Subsistence Allowance under Tamil Nadu Payment of Subsistence Allowance Act, 1981, (in short ‘the Act of 1981’).

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2. The learned counsel appearing for the respective parties further submitted that the Full Bench of this Court had taken note of the fact that the second respondent in the Writ Petition i.e., Somanahalli Milk 2/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.30648 of 2008 Producers Co-operative Society had become defunct and thereby there is

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no necessity to adjudicate upon the issue and thus closed the issue pending before the Full Bench.

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3. The Full Bench of this Court, while closing the issue, had further observed that even if the petitioner Secretary is held to be entitled for making payment, by passing a favourable order, there is no body to make the payment, as the second respondent had become defunct. Therefore, the issue was rendered academic.

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4. Since, the Full Bench of this Court had closed the aforesaid reference by taking note of the aforesaid mentioned facts, the cause in the Writ Petition does not survive for consideration and thus, the Writ Petition has become infructuous.

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5. Accordingly, this Writ Petition is closed as infructuous. No costs.

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03.06.2026

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Index : Yes/No Speaking order : Yes/No dna 3/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.30648 of 2008

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