R.Athayee v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.27108 of 2023 R.Athayee

...Petitioner

Vs.

1.The District Collector, Erode District, Erode.

2.The District Superintendent of Police, Erode District, Erode.

3.A.Baskar

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st and 2nd respondents to take suitable action under the Bonded Labour System (Abolition) Act, 1976 by considering the petitioner's representation dated 10.08.2022. 1/4

For Petitioner : Mr.C.Munusamy For Respondent : Mr.A.Damodaran Additional Public Prosecutor for R1 and R2

ORDER

This writ petition has been filed for a direction to the 1st and 2nd respondents to take suitable action under the Bonded Labour System (Abolition) Act, 1976 by considering the representation made by the petitioner on 10.08.2022. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the 1st and 2nd respondents. 3.The case of the petitioner is that she is a daily wage earner. She along with her family met the 3rd respondent who assured to give them job by paying monthly salary. Accordingly, the services of the petitioner and her family members were utilized by the 3rd respondent on a daily basis and they were virtually treated as slaves for more than 13 years. However, no payment was made by the 3rd respondent. The further case of the petitioner is that she and her family members managed to some how escape from the 3rd respondent and a complaint was given 2/4

on 03.03.2021 before the Kanjikoil Police Station. The complaint was never enquired. The petitioner thereafter made a representation to the 1st and 2nd respondents on 10.08.2022 to take action against the 3rd respondent. The 1st respondent thereafter directed the 2nd respondent to take action on the complaint given by the petitioner. Since there was no response, the present writ petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the 1st respondent to deal with the representation made by the petitioner on 10.08.2022 and take a decision strictly in accordance with law, within a period of six weeks from the date of receipt of copy of this order. 5.This writ petition is disposed of with the above directions. No Costs. 27.09.2023 Speaking Order : Yes/No Index : Yes/No Internet : Yes/No ssr 3/4

N.ANAND VENKATESH,J ssr To 1.The District Collector, Erode District, Erode.

2.The District Superintendent of Police, Erode District, Erode.

3.The Public Prosecutor, High Court, Madras.

W.P.No.27108 of 2023 27.09.2023 4/4