R.Bavunammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA 1 R.Bavunammal 2 K.Chandra 3 R.Amsa 4 K.Chitra 5 E.Kasthuri 6 E.Perumal 7 M.Nagappan 8 D.Kuppusamy ... Petitioners Vs.

1 The District Collector, Collectorate, Kancheepuram District, Kancheepuram.

2 The Assistant Commissioner of Labour - II (Re-designated as Deputy Commissioner of Labour - II) D.M.S.Compound, Teynampet Chennai - 600 006.

3 The Tahsildhar, Madhuranthagam Taluk, Madhuranthagam -603 306 Kancheepuram District.

4 Madhuranthagam Co Op. Sugar Mills Ltd.

Rep. by its Managing Director, Padalam - 603308 Kancheepuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, directing the 3rd respondent to take appropriate proceedings against the 4th respondent management to recover the amount payable under P.G.Nos.88/ 2008, 90/ 2008, 91/ 2008, 95/2008, 327/2009, 140/2008, 143/2008 and 338/2009 as per the proceedings of the 1st respondent in Na.Ka.10979/ 2018/u2, dated 20.08.2018 within the time frame fixed by this Court. For Petitioner : Mr.T.Ram Kumar For Respondent : Mrs.C.Meera Arumugam, Additional Government Pleader

ORDER

The grievance of the petitioners is that though the 1st respondent had issued proceedings in Na.Ka.No.10979/2008/u2, dated 20.08.2018 to the 4th respondent / the Managing Director, Madhuranthagam Co-operative Sugar Mills Ltd., to pay the amount as

per the orders passed in P.G.Nos.88/2008, 90/ 2008, 91/ 2008, 95/2008, 327/2009, 140/2008, 143/2008 and 338/2009, the 4th respondent had not paid any amount to the petitioners. The petitioners therefore, filed the present Writ Petition seeking a direction to the 3rd respondent/Tahsildar, Madhuranthagam Taluk, Kancheepuram District to recover the amount payable by the 4th respondent under the Revenue Recovery Act.

2. The 4th respondent filed a status report stating that pursuant to the proceedings of the 1st respondent in Na.Ka.No.10979/2008/u2, dated 20.08.2018, they have paid the Gratuity amount of Rs.14,05,155/- through a Demand Draft bearing No.046950, dated 15.09.2011 to the Joint Commissioner of Labour, Chennai and the same was also acknowledged by him on 28.09.2011. It is further stated that the interest amount of Rs.10,07,249/- was paid through a Cheque bearing No.675493, dated 03.11.2020 drawn on Canara Bank and that there is no balance amount payable by them.

3. Recording the same, the present Writ Petition is disposed of. If any amount is pending for recovery, the 1st respondent can proceed against the 4th respondent in accordance with law under the same proceedings. No costs.

09.11.2023 Index: Yes/No Speaking/Non-Speaking order vum

R. HEMALATHA, J.

vum 09.11.2023