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Madras High CourtWP/8970/2025disposed of with direction

Kalaiarasi v. The District Collector

2025-03-19Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.8970 of 2025

1. Kalaiarasi ...

Petitioner Vs

1. The District Collector, Chennai District.

2. The Joint Commissioner-I, Labour Commission.

3. The Proprietor, Sriram Coffee House, No.55/22, Aryagowda Road, West Mambalam, Chennai-33.

....Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus direct the first respondent to take further action on the basis of the letter issued by the second respondent vide Na.Ka.No.A4/1597/2024 dated 11.07.2024 under Revenue Recovery Act. For Petitioner : ME.V.Panjalirajan For Respondent : Mr.K.Surendran, AGP RR1 & 2 1/6

ORDER

This petition has been filed seeking a direction to the first respondent to take further action on the basis of the letter issued by the second respondent vide Na.Ka.No.A4/1597/2024 dated 11.07.2024 under Revenue Recovery Act.

2. It is the case of the petitioner that the petitioner husband Murugesan had been working as a Tea Master at Sriram Coffee House for 8 years. On 12.11.2022 the petitioner's husband was electrocuted and thrown off on the ground and died. An FIR in Cr. No.314/2022 was registered and subsequently, the petitioner filed a petition before the Labour Commissioner for compensation and an ex-parte order was passed in favour of the petitioner directing the second respondent to pay a sum of Rs.9,48,284/- along with interest. But the second respondent did not pay the amount. Therefore, the commissioner, vide its letter dated 11.07.2024 requested the first respondent to confiscate and attach the properties belonging to the opposite party for the amount awarded by the Commission in EC. No.26/2023 dated 15.12.2023. In the meanwhile, the second respondent 2/6

served notice to the 3rd respondent directing him to pay the compensation amount. However, till date, no action was taken by the first respondent to confiscate the properties. Hence, the petitioner has filed the present petition.

3. The learned counsel for the petitioner submitted that this Court may direct the first respondent to take further action on the basis of the letter issued by the second respondent dated 11.07.2024 under Revenue Recovery Act within the stipulated time as fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents submitted that the respondents will comply with the order passed by this Court.

5. Heard the learned counsel for the petitioner as well as the Additional Government Pleader and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view 3/6

of the limited request sought for by the petitioner, this court directs the first respondent to consider and take appropriate action based on the letter issued by the second respondent under Revenue Recovery Act, if there is no legal impediment, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition is disposed of. No costs.

19.03.2025 rli Index:Yes/No Internet:Yes/No Speaking/Non speaking 4/6

To

1. The District Collector, Chennai District.

2. The Joint Commissioner-I, Labour Commission.

5/6

M.DHANDAPANI, J.

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