Chennai, May 3 (PTI) The Madras High Court has held that an association cannot represent its members in courts unless they are ‘Little Indians’.
After going through a series judgments, Justice D Krishnakumar held that the Tamil Nadu Survey Officers Union (Central), by its general secretary in Nallavanpalayam post in Tiruvannamalai district, cannot represent its members before the High Court.
The petition sought to quash an order dated March 26, 2020 of the Revenue Disaster Management department as illegal, ultra vires and totally without jurisdiction insofar as it included the Village Administrative Officers (VAOs) in the amendment under Section 13(h) to the Chain Survey and Land Records, Manual, Part II, Chapter I.
Accepting the arguments of the Additional Advocate-General, the judge said that a careful reading of all the judgments makes it clear that an Association, either registered or unregistered, can file a writ petition under Article 226 of the Constitution on behalf of its members taking their cause only if they themselves are unable to approach the court by reason of poverty, disability or socially or economically in a disadvantaged position, who are termed as “Little Indians” and in case of public injury leading to public interest litigation provided the association has some concern deeper than that of a way-farer or a busy body.
Admittedly, in the case on hand, the present writ petition has been filed on behalf of its members and the members of the petitioner’s Association are employees of the Survey & Settlement department and they cannot be presumed to be poor, disabled or disadvantaged to approach this court individually. The contention of the petitioner cannot be countenanced and this Court is of the view that the petitioner Association has no locus standi to challenge the impugned Government Order and therefore, the present writ petition is not maintainable and deserves dismissal, the judge said and accordingly dismissed the petition. PTI CORR SA SA
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