S.Palanisamy, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2024

CORAM

THE HON'BLE MR. JUSTICE D.BHARATHA CHAKARAVARTHY S.Palanisamy ... Petitioner -vs1. The District Collector Salem District.

2. The Revenue Tahsildar Salem Taluk Office Salem.

3. The General Manager Tamil Nadu State Corporation (Salem) Ltd.

Salem Division No. 12, Ramakrishna Road Post Box No. 713 Salem - 636007.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the second respondent to implement the order passed by the first respondent the District Collector, Salem District in Na.Ka.E1030266/2023/e4 dated 16.07.2023 which is based on the order passed in P.G. No. 181/2021 on its file and further direct the first respondent herein to collect the amount of Rs. 2,03,237/- from the second respondent herein under Revenue Recovery Act and to disburse the same to the petitioner herein within the time limit that may be fixed by this Court. 1/4

For Petitioner :

Mr. N.Sudhagar Nagaraj For Respondents :

Mr. R.Venkatesa Perumal (R1) Mr. C.S.K.Sathish (R2) Mr. K.Raja (TNSTC) (R3)

O R D E R

This writ petition is filed for a direction to the second respondent to implement the order of the first respondent thereby recovering a sum of Rs. 2,03,237/- under the provisions of the Revenue Recovery Act.

2. According to the petitioner, a sum of Rs. 66,343/- is due to the petitioner by the order of the Additional Labour Commissioner, Coimbatore. The said amount is liable to be paid with further interest. Since the amount was not paid, further proceedings were undertaken and the orders have been passed. However, the same has not been implemented.

3. When the writ petition came up for admission, Mr.K.Raja, learned counsel who takes notice on behalf of the third respondent, would submit that already the principal sum of Rs. 66,343/- has been deposited before the Additional Labour Commissioner, Coimbatore on 10.01.2022. As far as the further amount of interest is concerned, he would submit that the very award of the amount is under challenge in W.P. No. 33910 of 2023 and the same is 2/4

pending.

4. Since the principal amount is already deposited and W.P. No. 33910 of 2023 is pending, it would be open for the petitioner to seek orders of the Court in the said writ petition both to withdraw the amount already deposited and also in respect of further deposit of interest.

With the above observations, the writ petition is closed. No costs. 03.04.2024 Index: Yes/No NCS: Yes/No Speaking order /Non-speaking order Maya To

1. The District Collector Salem District.

2. The Revenue Tahsildar Salem Taluk Office, Salem.

3. The General Manager Tamil Nadu State Corporation (Salem) Ltd.

Salem Division, No. 12, Ramakrishna Road Post Box No. 713, Salem - 636007.

3/4

D.BHARATHA CHAKARAVARTHY, J.

Maya 03.04.2024 4/4