P. Thangaraj, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.24392 of 2015 P.Thangaraj ..

Petitioner Vs 1.The District Collector, Thiruppur District, Thiruppur.

2.The Tahsildar, Thiruppur North Taluk, Thiruppur, Thiruppur District.

3.The Tahsildar, Avinasi Taluk, Avinasi, Thiruppur District.

4.The Deputy Commissioner of Labour, Salem, Salem District.

5.K.Thangaraj .. Respondents Petition filed under Article 226 of The Constitution of India, praying for the issuance of a Writ of mandamus directing the respondents 1 to 3 to recover the award amount in W.C.No.739 of 2005 dated 11.07.2014 passed by the fourth respondent herein under Revenue Recovery Proceedings and deposit the same forthwith so as to enable the petitioner to get workmen compensation for his livelihood and medical treatment.

For Petitioner ..

Mr.M.R.Jothimanian For Respondents ..

Mr.S.Gunasekaran, Govt. Advocate for R1 to R4

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner, while engaged in cable laying work in the service of the fifth respondent, met with an accident during the course of employment on 27.09.2004 at about 6.15 p.m. and sustained grievous injuries and claimed compensation in W.C.No.739 of 2005 on the file of the fourth respondent and after contest, vide award dated 11.07.2014, a sum of Rs.5,06,745/- along with interest at the rate of 12% from the date of filing petition was awarded. 3.The grievance expressed by the petitioner is that no steps have been taken by the respondents 1 to 3 to recover the said award amount from the fifth respondent and pay the same to him and in this regard, he has also repeatedly submitted representations and the last of such representation was submitted on 29.06.2015, based on which, the office of the first respondent has also issued an urgent memo dated 01.07.2015 to respondents 2 and 3 to expedite the process and inspite of it, no response is forthcoming and hence, came forward to file the present writ petition.

4.Heard the submissions of Mr.M.R.Jothimanian, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Government Advocate, who accepts notice on behalf of the respondents. 5.This Court, taking into consideration the above facts and circumstances, directs the respondents 1 to 3 to comply with the terms of the award dated 11.07.2014 made in W.C.No.739 of 2005 passed by the fourth respondent in accordance with law, after putting on notice the fifth respondent and take appropriate steps to recover the amount and pay the same to the petitioner as expeditiously as possible, preferably, not later than ten weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi

To 1.The District Collector, Thiruppur District, Thiruppur.

2.The Tahsildar, Thiruppur North Taluk, Thiruppur, Thiruppur District.

3.The Tahsildar, Avinasi Taluk, Avinasi, Thiruppur District.

4.The Deputy Commissioner of Labour, Salem, Salem District.

+1cc to Mr.R. Jothimanian, Advocate, S.R.No.40977 +1cc to the Government Pleader, S.R.No.41245 SKV(CO) EU(25/08/2015) W.P.No.24392 of 2015