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Madras High CourtWP/36523/2015disposed of

K.Nirmala, v. The District Collector

2022-01-11Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2022 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.36523 of 2015 K.Nirmala

...Petitioner

Vs.

1.The District Collector, Vellore District, Vellore.

2.The Tasildar, Arcot Thaluk, Vellore District.

3.P.Radhakrishnan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to implement the award passed in W.C.No.112 of 2003 dated 27.02.2006 by the Commissioner-I for Workmen Compensation, Chennai 600 006, in a time bound period. For Petitioner :

Mr.K.Mohanamurali For Respondents :

Mr.M.Rajendiran 1 & 2 Additional Government Pleader For Respondent 3 :

No Appearance

O R D E R

The relief sought for in the present Writ Petition is to direct the 1st respondent to implement the award passed in W.C.No.112 of 2003 dated 27.02.2006 by the Commissioner-I for Workmen Compensation, Chennai - 600 006.

2. The grievances of the Writ Petitioner is that the workmen compensation award was passed on 27.02.2006 and the employer filed a Writ Petition in W.P.No.3058 of 2007, which was dismissed on 12.01.2012. Thereafter, the petitioner sent a https://hcservices.ecourts.gov.in/hcservices/

representation to the 1st respondent, the District Collector, Vellore to initiate all further actions to recover compensation amount and settle the same in favour of the petitioner. However, no action has been taken. Even in the year 2012, the petitioner sent a representation to the 1st respondent.

3. This Court is of the considered opinion that the petitioner has succeeded before the Workmen Compensation Commissioner and the Writ Petition filed by the employer was also dismissed by the High Court. Thus, the District Collector, Vellore has to initiate all appropriate action under the Revenue Recovery Act, 1989, to recover the award amount and settle the same in favour of the petitioner.

4. Accordingly, the respondents 1 and 2 are directed to initiate all steps, within a period of three months from the date of receipt of a copy of this order, to recover the award amount from the employer and settle the same in favour of the petitioner.

5. With this direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar Kan To

1. The District Collector, Vellore District, Vellore.

2. The Tasildar, Arcot Thaluk, Vellore District.

+2ccs to Mr.K.Mohanamurali, Advocate, S.R.No.2345,2215 +1cc to the Government Pleader, S.R.No.27789 W.P.No.36523 of 2015 PMK[co] NSK 14/02/2022 https://hcservices.ecourts.gov.in/hcservices/