C.M.Sivababu v. The State Of Tamilnadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No.1299 of 2020 C. Sivababu, M/A, 52 years, President, Tamil Desiya Makkal Katchi, 180/32, Iyyakannu Mudaliar Street, Tiruvannamalai 606 601.

... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Additional Chief Secretary to the Government, Labour and Employment Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The District Collector, District Collectorate, 3.The District Collector, Collectorate Office, State Bank Road, Gopalapuram, 1, Coimbatore 641 018.

4.The District Collector, Collectorate, Karuppa Gaundanpalayam, Tiruppur 641 604.

5.The District Superintendent of Police, 6.Joint Commissioner of Labour, Dr. Balasundaram Road, Coimbatore - 641 018.

7.The Assistant Commissioner of Labour, Labour Department, 8 th Street, Gandhi Nagar, Tiruvannamalai.

8.M/s. Chenniyappa Yarn Spinners Pvt. Ltd., SF No. 95/1, Mangarasa Valayapalayam, Alathurmedu, Avinashi, Tiruppur District.

9.The Superintendent of Police, Tiruppur District.

(R9 suo motu impleaded by this Court vide order Dated 06.08.2020) 10.The Joint Director of Industrial Health and Safety I, Tiruppur.

(R10 suo motu impleaded by this Court vide order Dated 07.08.2020) ... Respondents Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Habeas Corpus directing respondents 1 to 7 to produce the detenues (1) S. Soundarya, daughter of Sankar, Female aged about 15 years (2) Keerthana, daughter of Revathi, female, aged about 14 years (3) Pushpa, daughter of Chandra, Female aged about 15 years (4) E. Sandhya , daughter of Elumalai, female, aged about 15 years (5) Sumithra, daughter of Malar, female, aged about 15 years, and (6) P. Parameswari, daughter of Late Ponpadi, female, aged about 13 years, illegally confined by the 8 th respondent and its men at the 8 th respondent's premises and set the detenues at liberty. For Petitioner :: Mr.J. Ashok For Respondents:: Mr.R.Prathap Kumar Additional Public Prosecutor for R1 to R7, R9 & R10 Mr.S.Parthasarathy for Mr.R.S.Pandiyaraj for R8

O R D E R

(Order of the Court was made by M.M.SUNDRESH,J.) Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the State and the learned counsel for the eighth respondent.

2.There was no representation for the petitioner yesterday (14.10.2020) and even today. This habeas corpus petition has been filed by the petitioner inter alia alleging that the eighth respondent is willingly detaining number of persons making them to work.

3.From the counter affidavit filed by the Additional Public Prosecutor on behalf of respondents 1, 6 and 7, it is seen that 133 adolescents, who are working in the mill of the eighth respondent were handed over to Child Welfare Committee. Action has already been initiated against the eighth respondent by filing First Information Report. The said respondent has also obtained anticipatory bail. We also note that a larger issue is pending before this Court by way of public interest litigation in respect of the migrant workers. 4.In such view of the matter, we do not find any reason to pass any further orders and the above habeas corpus petition stands closed.

Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar raa To 1.The Additional Chief Secretary to the Government, Labour and Employment Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The District Collector, District Collectorate, 3.The District Collector, Collectorate Office, State Bank Road, Gopalapuram, 1, Coimbatore 641 018.

4.The District Collector, Collectorate, Karuppa Gaundanpalayam, Tiruppur 641 604.

5.The District Superintendent of Police, 6.Joint Commissioner of Labour, Dr. Balasundaram Road, Coimbatore - 641 018.

7.The Assistant Commissioner of Labour, Labour Department, 8 th Street, Gandhi Nagar, Tiruvannamalai.

8.The Superintendent of Police, Tiruppur District.

9.The Joint Director of Industrial Health and Safety I, Tiruppur.

10.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.S.Pandiyaraj, Advocate Sr.34350 H.C.P. No. 1299 of 2020 mti[co] srg 04/12/2020