Babu Ganesh v. The District Magistrate
in WP.No.13419 of 2024 A.D.JAGADISH CHANDIRA, J This Writ Miscellaneous Petition has been filed for seeking interim release of the petitioner confined in the Central Prison-I, in order dated 28.03.2024 passed by the first respondent for pending disposal of the present writ petition.
2. The learned counsel for the writ petitioner would submit that one Munusamy and Chengaiammal had filed a petition before the Deputy Commissioner of Labour-I, Chennai in WC.No.167 of 2007 and the concerned authority had directed the petitioner to pay compensation of Rs.4,47,720/- to the petitioners. Due to his poor economic condition, the petitioner was unable to pay the amount and he was also not given proper legal advice pursuant to the order passed. The first respondent had initiated proceedings under Sections 48 and 49 of The Revenue Recovery Act, pursuant to which, the petitioner has been arrested on 05.05.2024 and he has been handed over to the Superintendent of Central Prison-I, Puzhal, Chennai for detention for a period of two years. The learned counsel would also submit that though he has got a good case on 1/4
merits, without prejudice, the petitioner is ready to pay the entire claim amount of Rs.14,68,441/- to the first respondent and thereby, he would seek that the order dated 28.03.2024 passed by the first respondent may be suspended and the petitioner may be released on interim bail.
3. The learned Additional Advocate General assisted by Mr.P.Anandakumar, Government Advocate appearing on behalf of the respondents 1 to 5 would submit that the petitioner is a wilful defaulter and the claimants have approached this Court by filing a contempt application for execution of the order and this Court, by order dated 25.03.2024 made in WP.No.3840 of 2020 had directed the first respondent to initiate proceedings under Sections 48 and 49 of the Revenue Recovery Act, pursuant to which, he has been arrested and sent to Civil Prison. He would submit that the outstanding amount as on 31.03.2024 including interest works out to Rs.14,68,441/-. Hence, he objected to grant interim bail to the petitioner.
4. Taking into consideration the undertaking given by the learned counsel for the petitioner that the petitioner is ready and willing to deposit the entire claim amount of Rs.14,68,441/- to the first respondent, interim stay of the 2/4
impugned order dated 28.03.2024 is granted on payment and subject to production of proof, the 5th respondent shall release the petitioner on interim bail on him executing a bond for a sum of Rs.10,000/- before the 5th respondent.
5. With the above directions, this WMP is ordered. 09.05.2024 (3/3) kmi Note: Issue order copy today (09.05.2024) 3/4
A.D.JAGADISH CHANDIRA, J kmi in WP.No.13419 of 2024 09.05.2024 (3/3) 4/4