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Madras High CourtWP/6099/2019disposed of

K.Dhanalakshmi v. The District Collector

2022-10-14Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM K.Dhanalakshmi

...Petitioner

Vs.

1.The District Collector, Office of the District Collector, Villupuram - 605 602.

2.The Joint Commissioner of Employees Compensation -2, (The Joint Commissioner of Labour -2) Teynampet, Chennai - 600 006.

3.The Revenue Tahsildar, Office of the Revenue Tahsildar, Villupuram Taluk & District - 605 602.

4.K.Kalvirayan ..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st Respondent with regard to E.C.No.49/2014, order dated 25-2-2015 to take action as per Section 5 of the Revenue Recovery Act 1890 (No.1 of 1890) against the 4th Respondent to recover the Employees Compensation award of Rs 4,83,698/- along with 1/5

12% interest from 20-3-2010 to settle to the petitioner as an arrear of land revenue, within a stipulated time.

For Petitioner : Mr.Agni Selvaraju J.

For R1 and R3 : Mr.D.Gopal Government Advocate For R2 : Mr.S.John J.Raja Singh Additional Government Pleader For R4 : Mr.K.Kumaraguru For Mr.S.Ruban Prabhu

ORDER

The relief sought for in the present writ petition is for a direction to direct the 1st Respondent with regard to E.C.No.49/2014, order dated 25-22015 to take action as per Section 5 of the Revenue Recovery Act 1890 (No.1 of 1890) against the 4th Respondent to recover the Employees Compensation award of Rs 4,83,698/- along with 12% interest from 20-32010 to settle to the petitioner as an arrear of land revenue, within a stipulated time.

2. The learned counsel appearing on behalf of the 4th respondent made a submission that against the Exparte award, he filed a petition before the 2/5

Joint Commissioner of Labour, which was rejected. Challenging the said order, the 4th respondent filed CRP.No.3051 of 2019, which is pending before this Court.

3. It is contended that the case of the writ petitioner is to be considered only after the disposal of the Civil Revision Petition now pending before the High Court.

4. Thus, the petitioner is at liberty to pursue the matter and only after reaching finality, the petitioner would be eligible to claim the benefit in accordance with law.

5. With these clarifications, the writ petition stands disposed of. No costs.

14.10.2022 Index : Yes Speaking order:Yes kak 3/5

To 1.The District Collector, Office of the District Collector, Villupuram - 605 602.

2.The Joint Commissioner of Employees Compensation -2, (The Joint Commissioner of Labour -2) Teynampet, Chennai - 600 006.

3.The Revenue Tahsildar, Office of the Revenue Tahsildar, Villupuram Taluk & District - 605 602.

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S.M.SUBRAMANIAM, J.

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