M/S.Punit Creation v. The Deputy Commissioner Of Labour
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2020
CORAM
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.3569 of 2020 M/s.Punit Creation Represented by its Manager Puneet Kumar Varma
...Petitioner
vs.
1.The Deputy Commissioner of Labour Salem.
2.The Assistant Commissioner of Labour Krishnagiri.
3.The Inspector of Labour Krishnagiri Main Road, Hosur.
4.Joint Director of Industrial Safety and Health 2/3A, 1st Floor, Seetharam Nagar, Krishnagiri Bypass Road, Hosur.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to permit the petitioner to construct, extend or take into use any building as a factory and to grant licence for the year 2020 by considering the applications dated 08.01.2020 filed by the petitioner Company, within the specific period of time. For Petitioner :
Mr.T.Ganesan For Respondents :
Mr.K.Magesh Special Government Pleader
O R D E R
The petitioner seeks for a mandamus directing the 3rd respondent to permit the petitioner to construct, extend or take into use any building as a factory and to grant licence for the year 2020 by considering the applications dated 08.01.2020 filed by the petitioner Company.
2. The case of the petitioner, in short, is as follows: The petitioner-Company is a partnership firm and acquired the property situated at Kamanadoddai Village, Shoolagiri Taluk, Krishnagiri District in S.No.673/3 to an extent of 1.050 Hectares or 2.60 acres of land and building admeasuring 95000 sq.ft vide sale deed dated 02.12.2019 in Document No.P.117 of 2019 on the file of the SRO, Shoolagiri. The said property was belonging to M/s.Sri Textiles Erode Private Ltd., and that the said company got liquidation vide order of the National Company Law Tribunal, Chennai, dated 29.04.2019. After liquidation, the petitioner-Company acquired the property through the above said sale deed and after the purchase, the petitioner-Company is in the possession of the said property.
The petitioner-Company applied for permission to construct, extend or take into use any building as a factory and applied for registration and grant of licence for the year 2020 before the respondents on 08.01.2020. But, the respondents have not taken any appropriate steps to issue licence to the petitioner-Company. Hence, the petitionerCompany gave a representation to the 3rd respondent to take appropriate action. Even thereafter, no action is taken so far. It is stated that another representation also given to the 4th respondent through online.
3. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the concerned authority to consider and decide. Since the limited prayer sought for in this writ petition is for directing the respondents to consider the applications of the petitionerCompany and pass appropriate orders on the same, this Writ Petition is disposed of only with a direction to the respondents to consider the applications of the petitioner-Company and pass appropriate orders on the same on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar mk
To 1.The Deputy Commissioner of Labour Salem.
2.The Assistant Commissioner of Labour Krishnagiri.
3.The Inspector of Labour Krishnagiri Main Road, Hosur.
4.Joint Director of Industrial Safety and Health 2/3A, 1st Floor, Seetharam Nagar, Krishnagiri Bypass Road, Hosur.
+1cc to Mr.T.Ganesan, Advocate, SR.No.15707.
W.P.No.3569 of 2020 VSN II(CO) CSR: 25.02.2020