1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.14541 of 2011 and M.P.(MD)No.1 of 2011 C.Gurusamy .. Petitioner Vs. 1.The Chief Inspector of Factories, Department of Inspectorate of Factories, O/o the Chief Inspector of Factories, Chennai. 2.The Assistant Inspector of Factories, II Circle, O/o Inspector of Factories, Virudhunagar. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent pending to his proceedings vide Na.Ka.No.M/21/3/2011 dated 04.11.2011 and to quash the same and direct the 1st respondent to dispose of the Appeal filed by the petitioner on 12.11.2011 in accordance with law. For Petitioner : Mr.Babu Rajendran For Respondents : Mr.K.P.Krishnadoss Govt.Advocate O R D E R The petitioner has come up with the above writ petition challenging a notice issued under the Factories Act, 1948. 2. Heard Mr.Babu Rajendran, learned counsel for the petitioner. Mr.K.P.Krishnadoss, learned Government Advocate takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The main ground on which the petitioner challenges the impugned notice is that even before the receipt the impugned notice, he filed an Appeal under Section 40(2), after rectifying the defects. But this is a fact which the petitioner can bring to the notice of the second respondent, while participating in the enquiry. Even if the petitioner had rectified the defects, the same can be found out only in an enquiry after inspection. 4. Therefore the writ petition is disposed of directing the petitioner to give a reply to the impugned notice within a week of receipt of a copy of this order. Within four weeks from the date of receipt of reply from the petitioner, the respondents shall inspect the premises, enquire the petitioner and pass appropriate orders in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Chief Inspector of Factories, Department of Inspectorate of Factories, O/o the Chief Inspector of Factories, Chennai. 2.The Assistant Inspector of Factories, II Circle, O/o Inspector of Factories, Virudhunagar. +1 CC to Mr.Babu Rajendran, Advocate (SR.No.44565) +1 CC to Special Government Pleader (SR.No.45007) W.P.(MD)No.14541 of 2011 20.12.2011 MPK NSV/29.12.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/