D.Vijaya, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 03.04.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.No.7725 of 2017 D.Vijaya .. Petitioner

Versus

1.The District Collector, Office of the District Collector, Tudiyalur, Coimbatore and District.

2.The Tahsildar, Velachery Taluk, Chennai.

3.The Deputy Commissioner of Labour-II, (Under the Workman Compensation Act) Teynampet, Chennai - 600 006.

4.Dhanam @ Dhanalakshmi.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus, directing the second respondent to expedite proceedings in G3/9494/2016 dated 17.06.2016 as directed by the 1st respondent to recover the award amount in W.C.No.382/2011 dated 26.08.2013 with interest of 12% from the 4th respondent based on the direction of the 3rd respondent dated 07.03.2016.

For Petitioner : Mr.E.Sathiyaraj For Respondents: Mr.S.Diwakar, Special Government Pleader (For R1 to R3)

O R D E R

Heard Mr.E.Sathiyaraj, learned counsel appearing for the petitioner and Mr.S.Diwakar, learned Special Government Pleader appearing for the respondents 1 to 3.

2.The petitioner's husband was an employee of the fourth respondent. An award was obtained against the said respondent in W.C.No.382/2011 dated 26.08.2013 at the instance of the petitioner and her minor children apart from the parents of her deceased husband. In pursuant to the said award, the third respondent, who passed the same, sent a communication on 08.02.2016 to the fourth respondent. Another communication was sent by the third respondent to the first respondent on 07.03.2016. In pursuant to the aforesaid communications and the award passed, an order was passed by the first respondent in G3/9494/2016 dated 17.06.2016 marking copies to the parties, directing the second respondent to take action under the Revenue Recovery Act. Though the said order was passed as early as on 17.06.2016, the same has not been given effect to till now.

Hence, the present writ petition has been filed. 3.Considering the above, this Court is inclined to direct the respondents 1 and 2 to take appropriate steps to see to it that the award passed by the third respondent in favour of the petitioner and the proceedings of the first respondent dated 17.06.2016 is complied with in letter and spirit, so as to enable the petitioner and her family who were the claimants to get the benefit of the award from the fourth respondent. This needful will have to be done within a period of eight weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition is disposed of. No costs.

-s/dAssistant Registrar (CS-II) True Copy Sub-Assistant Registrar cse To 1.The District Collector, Office of the District Collector, Tudiyalur, Coimbatore and District.

2.The Tahsildar, Velachery Taluk, Chennai.

3.The Deputy Commissioner of Labour-II, (Under the Workman Compensation Act) Teynampet, Chennai - 600 006.

+1CC to Govt.Pleader,SR20218 dt:5/4/17 +1CC to E.Sathiyaraj,SR19609 dt:3/4/17 W.P.No.7725 of 2017 AD(CO) CB(06-04-2017)