S.DHANALAKSHMI Vs. THE GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The writ petition has been filed for issuance of Writ of Certiorarified Mandamus calling for the proceedings in Va.Va.Sa (Miscellaneous) 1/2006 dated 29.06.2007 of the 2nd respondent and quash the same.

(2.) The case of the petitioner is that earlier she runs a match factory in the name and style of Shankar match works. As against the petitioner the Inspector of factories, Sivakasi filed a summary trial case No. 12459 of 1999 before the learned Additional District Judge Cum Chief Judicial Magistrate, Srivilliputhur. The case was filed as the petitioner engaged Child Labour, in her factory. The case was registered under section 67 of the factories Act and section 14(1) r/w Section 5 of the child Labour (prohibition and regulation) Act, 1986. The petitioner has admitted the offence and by the order dated 03.06.1999, she was imposed a fine of Rs.15,000/- and was imprisoned till the raising of the court. The fine was paid and subsequently, the petitioner closed down her business and the same was intimated to the 4th respondent in a proper manner. Accordingly the business registration was cancelled by the 4th respondent by order dated 14.11.2002.

(3.) The further case of the petitioner is that however, she received a notice dated 09.12.2008 from the 3rd respondent with a direction to pay a sum of Rs. 2,00,000/- in the name of the Inspector of Factories, otherwise her property would be brought for action under the Revenue Recovery Act. The petitioner came to know that the said notice was issued upon her followed by her conviction under the prohibition of Child Labour (Prohibition of Regulation) Act 1986. So, the petitioner filed an original suit in O.S.No.105/2009 before the Learned District Munsif, Srivilliputhur. However, this petitioner has filed this instant Writ Petition as the order dated 29.06.2007 is without jurisdiction. So, that same is liable to be quashed.