G.Selvaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and W.M.P.No.26139 of 2017 G.Selvaraj ... Petitioner Vs.

1. The District Collector, Namakkal District.

2. The Revenue Divisional Officer cum Sub Divisional Magistrate, Namakkal Division, Namakkal.

3. Veerammal.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, forbearing the Respondents 1 & 2 from initiating any action under the provisions of Bonded Labour (Abolition) Act against the petitioner on the false complaint of the third respondent as she does not comes within the purview of Act.

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For Petitioner : No Appearance For Respondents :

For R1 & R2 : Mr.Naveen Kumar Government Advocate For R3 : No Appearance

ORDER

There is no representation on behalf of the petitioner. The writ petition has been filed for a Mandamus, to forbear the respondent Nos.1 to 2 from initiating any action against the petitioner under the provisions of the Bonded Labour (Abolition) Act based on the false complaint of the third respondent.

2. It is the specific case of the petitioner that the third respondent is outside the purview of the aforesaid Act and therefore, any action based on the complaint of the third respondent should not be entertained.

3. It is further submitted that the petitioner is engaged in manufacture of hand made bricks and that the entire family is involved in the manufacturing bricks and very rarely the petitioner used the employment of the petitioner's driver's wife who used to settle her on the date of employment.

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4. Though, no counter has been filed either on behalf of the official respondents or the private respondents herein, there cannot be a blanket order to forbear the respondents to take action against the petitioner based on the complaint of the third respondent, if the petitioner had indeed violated the provisions of Bonded Labour (Abolition) Act. There is no merits in the present writ petition.

5. Accordingly the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 20.10.2022 Index : Yes/No Speaking/Non-speaking Order rgm To

1. The District Collector, Namakkal District.

2. The Revenue Divisional Officer cum Sub Divisional Magistrate, Namakkal Division, Namakkal.

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C.SARAVANAN, J.

rgm and W.M.P.No.26139 of 2017 20.10.2022 Page No. 4 of 4