Smt.K.Baby v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No. 1797 of 2015 & M.P.No.1 of 2015 Smt.K.Baby

...Petitioner

Vs.

1. The District Collector Vellore District, Vellore.

2. Thasildar, Vellore District, Vellore.

3. The Commissioner for Workmen Compensation (The Deputy Commissioner of Labour -I), DMS Compound, Chennai - 600 006.

4. S.Dhandapani

...Respondents

R4 impleaded as per order of this Court in M.P.No.2 of 2015 in W.P.No.1797 of 2015, dated 26.11.2015.

This petition is filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 1st respondent to take steps to recover the award amount passed in the W.C. Case No. 356 of 2006 ordered by the 3rd respondent dated 20.08.2010 together with the interest @ 12% per annum as ordered by the 3rd respondent which comes to Rs. 7,64,515/- with subsequent interest till the amount is recovered by the 1st respondent.

For Petitioner : Mr.S.Sathiamurthi, For Respondents : Mr.R.Lakshmi Narayanan Addl. Government Pleader for R1 to 3 No appearance for R4

ORDER

Heard Mr.S.Sathiamurthi, the learned Counsel for the petitioner and Mr.R.Lakshmi Narayanan, learned Additional Government Pleader appearing for respondents 1 to 3 and with the

consent of either side, the writ petition itself is taken up for final disposal, at the admission stage.

2. The petitioner prays for issuance of a writ of Mandamus directing the 3rd respondent to take necessary steps to recover the award impugned in W.C. No.356 of 2006, dated 20.08.2010.

3. Though the 4th respondent the owner of the vehicle has been served and his name is printed in the cause list, none appears for the 4th respondent. The learned counsel for the petitioner submitted that as against the order passed by the 3rd respondent dated 20.08.2010, no appeal has been preferred and the matter has attained finality.

4. In the light of the above, there will be a direction to the 3rd respondent to issue necessary certificate to the 2nd respondent for initiating revenue recovery proceedings, to recover the amount which was computed and directed to be paid as compensation to the petitioner in its order, dated 20.08.2010. The above direction shall be complied with, within a period of three weeks from the date of receipt of the copy of this order. With the above direction, the present writ petition is disposed of. Consequently, the connected miscellaneous petition is closed. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To

1. The District Collector Vellore District, Vellore.

2. Thasildar, Vellore District, Vellore.

3. The Commissioner for Workmen Compensation (The Deputy Commissioner of Labour -I), DMS Compund, Chennai - 600 006.

+1 cc to Mr.S.Sathiamurthi Advocate sr.64556 W.P.No.1797 of 2015 aa28/12/2015