Dhanabagyam, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 07.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.18980/2016 1.Dhanabagyam 2.Minor Sona 3.Minor Sanjay 4.Saraswathi ... Petitioners

Versus

1.The District Collector Coimbatore District, Coimbatore.

2.Rathinam Rathinam Industries, S.V.Puram, 3/222, Ranganatha Lay Out, Udumalai .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 1st respondent to consider the representation dated 23.04.2015 sent by the petitioner and direct the 1st respondent to recover the money from the 2nd respondent within the time fixed by this Court.

For Petitioners :

Mr.C.Veeraraghavan For R1 :

Mr.R.Govindasamy, Spl.GP

O R D E R

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

The petitioners would state that the husband of the first petitioner, namely, [late] Senthilkumar, was working as Aluminium Spinner in the services of the 2nd respondent company for more than 8 years and during the course of employment, he died at 10.45 a.m. on 15.11.2010. The petitioner in that regard, has also invoked the jurisdiction of the Deputy Commissioner of Labour [Commissioner for Workman Compensation Act] by filing a petition claiming a compensation of Rs.20 lakhs and vide Award dated 18.01.2012, a sum of Rs.7,93,240/- was awarded by way of compensation. The https://hcservices.ecourts.gov.in/hcservices/

grievance expressed by the 1st petitioner is that though she moved the 1st respondent under the Revenue Recovery Act, to recover the compensation as awarded by the Statutory Authority, no steps, whatsoever, have been taken and therefore, the petitioners are constrained to approach this Court by filing the present writ petition.

The learned counsel for the petitioners would submit that the 1st petitioner is aged about 33 years and she has to support two minor children, aged about 12 years and 10 years respectively, apart from her mother-in-law, who is aged about 60 years and on account of the in-action on the part of the 1st respondent, she is not in a position to eke out her livelihood and prays for appropriate orders.

Heard Mr.R.Govindasamy, learned Special Government Pleader, who accepts notice on behalf of the 1st respondent and he undertakes to take expeditious steps under the Revenue Recovery Act to recover the compensation from the 2nd respondent.

This Court, in the light of the facts and circumstances, directs the 1st respondent to take expeditious steps to recover the compensation ordered by the Commissioner for Workman Compensation, Coimbatore, vide Award dated 18.01.2012 in Case No.70/2011, as expeditiously as possible, preferably, on or before 26.07.2016.

The writ petition is disposed of with the above direction. No costs.

Post the matter for compliance on 29.07.2016. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar AP To The District Collector Coimbatore District, Coimbatore.

W.P.No.18980/2016 nr co kra 20.06.2016 https://hcservices.ecourts.gov.in/hcservices/