The High Court of Madras disposed of a writ petition filed by a partnership firm seeking mandatory direction for factory licence consideration within two weeks.
Directions to respondents to consider petitioner's applications and pass orders on merits within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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.
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.
Sd/Assistant Registrar(CS-III)
// True Copy//
Sub Assistant Registrar
mk
To
+1cc to Mr.T.Ganesan, Advocate, SR.No.15707.
W.P.No.3569 of 2020
VSN II(CO)
CSR: 25.02.2020
1 issue framed by the court
Whether a direction should be issued to respondents to consider the petitioner's applications for factory construction and licence.
1 provisions across 1 enactments
M/s. Punit Creation
The Deputy Commissioner of Labour, Salem
The Assistant Commissioner of Labour, Krishnagiri
The Inspector of Labour, Krishnagiri Main Road, Hosur
Joint Director of Industrial Safety and Health
K. Ravichandrababu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
