N.K.Ramesh, v. Additional Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM WRIT PETITION No.588 of 2015 and M.P.Nos.1 and 2 of 2015 N.K.Ramesh ... Petitioner Vs.

1. Additional Director, (Industrial Safety and Health) A-28, Industrial Estate, Guindy, Chennai - 600 032.

2. The Deputy Director of Industrial Safety and Health (Inspector of Factories), No.6, Lalbahadur Sasthri Street, Periyakuppam, Thiruvallur - 602 001.

3. The Chief Judicial Magistrate, Tiruvallur.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in proceedings Lr.No.

A2/3159/2014 in show cause notice dated 09.06.2014 and the consequential criminal proceeding in STC Case No.341 of 2014 on the file of the 3rd respondent and further direct the 1st respondent to provide personal hearing and considering the Explanation of the Petitioner and thereafter pass appropriate orders.

For Petitioner : Mr.S.Ravindran For Respondents : Mr.M.Perumal Government Advocate

O R D E R

The learned counsel appearing for the writ petitioner in all these writ petitions submitted that this Court has considered all the issues raised in these writ petitions and passed a final order on 11th August 2015 in W.P.No. 7434 of 2015.

2. The order passed by this Court in Para No.10 is extracted hereunder :

"10. In the light of the above facts and circumstances, this Court directs the first respondent to take into consideration the reply, dated 06.08.2014, submitted by the petitioner, in accordance with law, and pass final orders, within a period of eight weeks from the date of receipt of a copy of this order, and communicate the decision taken to the petitioner, and, till then, the jurisdictional Inspector of Factories shall defer further proceedings in S.T.C. Nos. 332 to 340 of 2014, pending on the file of Chief Judicial Magistrate, Thiruvallur."

3. Though, the Hon'ble Judge while passing final order, issued a note to the Registry to post W.P. Nos.588,1222 to 1231 of 2015, for orders on 18th August 2015, the same was not listed by the Registry.

4. However, the matters are listed today i.e. 25.07.2017 and the learned counsel urged this Court that the issues raised in these writ petitions are settled in the Judgment and therefore, in view of the direction given in this regard, no further adjudication is required in these writ petitions.

5. Accordingly, the respondents are directed to implement the order dated 11th August 2015 passed in W.P.No. 7434 of 2015 in respect of the writ petitioners in all these writ petitions.

6. Accordingly, the writ petitions stand disposed of. However, there is no order as to costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar maya To

1. The Additional Director (Industrial Safety and Health) A-28, Industrial Estate, Guindy, Chennai - 600 032.

2. The Deputy Director of Industrial Safety and Health (Inspector of Factories), No.6, Lalbahadur Sasthri Street, Periyakuppam, Thiruvallur - 602 001.

3. The Chief Judicial Magistrate, Tiruvallur.

+1cc to Mr.S.Bazeer Ahmed, Advocate, S.R.No.53095 +1cc to the Government Pleader, S.R.No.53995 W.P.No.588 of 2015 AR J CA(31/08/2017)