Madras High Court
Kudankulam Nuclear Power Employees ... vs The Site Director on 20 December, 2022
Author: S.Srimathy
Bench: S.Srimathy
W.P.(MD).No.15332 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.12.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.15332 of 2018
and
W.M.P(MD)Nos.13833 of 2018 &
2367 of 2020
Kudankulam Nuclear Power Employees Union,
Represented by its General Secretary,
S.Renganathan. ... Petitioner
Vs.
1.The Site Director,
Nuclear Power corporation of India Limited,
Kudankulam Nuclear Power Project,
Kudankulam,
Radhapuram Taluk,
Tirunelveli District.
2.The Deputy General Manager,
Nuclear Power corporation of India Limited,
Kudankulam Nuclear Power Project,
Kudankulam,
Radhapuram Taluk,
Tirunelveli District.
3.The Senior Manager (HR-ER),
Nuclear Power corporation of India Limited,
Kudankulam Nuclear Power Project,
Kudankulam,
Radhapuram Taluk,
Tirunelveli District.
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W.P.(MD).No.15332 of 2018
4.The Commandant,
Central Industrial Security Force,
Nuclear Power corporation of India Limited,
Kudankulam Nuclear Power Project,
Kudankulam,
Radhapuram Taluk,
Tirunelveli District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records pertaining to the Impugned order in No.NPCIL/KKNPP/HR-ER/271
dated 09.04.2018 on the file of the Respondent No.3 and quash the same as
illegal and consequently for a direction, forbearing the respondents from
scanning the lunch boxes/ foods including solid and liquids brought by the
employees to the Canteen situated in the Admin Building of 1st respondent
office or in the alternative for a direction, directing the respondents to provide a
Dining Hall for the employees in front of the Main Guard House within the
time period stipulated by this Court.
For Petitioner : Mr.T.Lajapathi Roy
For R1 – R3 : Mr.S.Ramasubramaniam
For R4 : Mr.P.Paul Pandi
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W.P.(MD).No.15332 of 2018
ORDER
The present writ petition has been filed, challenging an order, dated 09.04.2018 with a consequential prayer forbearing the respondents from scanning the lunch boxes/ foods including solid and liquids brought by the employees.
2. The learned counsel for the respondents submits that based on the scientific report, they are scanning the food since Kudankulam is a restricted area with high security. Therefore, the respondents cannot take any risk and even small lapse in the security will lead to serious consequences.
3. Therefore, this Court is not inclined to grant any relief as far as the scanning is concerned.
4. However, the petitioner has submitted an alternative prayer to direct the respondents to provide a dining hall to the employees in front of the main Guard House. The petitioner is directed to submit a fresh representation to the respondents for providing dining hall within a period of two weeks from the date of receipt of a copy of this order. The 1st respondent shall consider the https://www.mhc.tn.gov.in/judis 3/6 W.P.(MD).No.15332 of 2018 same within a period of eight (8) weeks from the date of receipt of a copy of such representation.
5. With the above said directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
20.12.2022
Index : Yes / No
Internet : Yes/ No
gbg
To
1.The Site Director,
Nuclear Power corporation of India Limited, Kudankulam Nuclear Power Project, Kudankulam, Radhapuram Taluk, Tirunelveli District.
2.The Deputy General Manager, Nuclear Power corporation of India Limited, Kudankulam Nuclear Power Project, Kudankulam, Radhapuram Taluk, Tirunelveli District.
https://www.mhc.tn.gov.in/judis 4/6 W.P.(MD).No.15332 of 2018
3.The Senior Manager (HR-ER), Nuclear Power corporation of India Limited, Kudankulam Nuclear Power Project, Kudankulam, Radhapuram Taluk, Tirunelveli District.
4.The Commandant, Central Industrial Security Force, Nuclear Power corporation of India Limited, Kudankulam Nuclear Power Project, Kudankulam, Radhapuram Taluk, Tirunelveli District.
https://www.mhc.tn.gov.in/judis 5/6 W.P.(MD).No.15332 of 2018 S.SRIMATHY, J.
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