S.Kamal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 15-12-2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WRIT PETITION No.32305 OF 2015 S.Kamal

...Petitioner

-vs1.The District Collector, District Collectorate, M.Singaravelar Maaligai, 62, Rajaji Salai, Chennai-600 001.

2.The Tahsildar, Purasawalkam, Perambur Taluk Office, Ambattur, Chennai-600 011.

3.The Deputy Commissioner of Labour-I, Labour Commissionerate, DMS Complex, Teynampet, Chennai-600 006.

4.Henry Raj

...Respondents

Writ Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents 1 and 2 to take appropriate action against the fourth respondent, to recover the remaining compensation amount of Rs.2,40,334/- and with 12% interest per annum, from the date of claim petition (17/2/2006) till the date of recovery of entire money, for the award amount of Rs.2,90,334/-, passed by the third respondent on 02.05.2009, by way of demand draft, as ordered in W.C.No.60 of 2006, under the provisions of the Revenue Recovery Act, within a stipulated time.

For petitioner : Mr.A.Shanmugaraj For respondents 1 to 3 : Mr.R.Vijayakumar, Addl.Govt.Pleader.

O R D E R

The petitioner has filed this Writ Petition, for issuing a direction to the respondents 1 and 2, to initiate steps to recover the compensation, which was awarded, pursuant to an order passed by the third respondent in W.C.No.60 of 2006, dated 02.05.2009.

2. It is not in dispute, that, already, a sum of Rs.50,000/- has been recovered from the fourth respondent, and given to the petitioner. The balance recoverable from the fourth respondent, according to the Tahsildar, Purasawalkam, Chennai, as on 20.11.2015, is, Rs.8,14,430.81, which includes interest also. The Tahsildar, Purasawalkam, Chennai, has given written instructions to the learned Special Government Pleader on 14.12.2015, stating, that for the past several weeks, they are unable to carry on any other work, except that of the flood relief operations; that effective steps have been taken for recovery of the amount from the fourth respondent; and that they will recover the amount in full, if two months' time is granted.

3. In the light of the undertaking given by the Tahsildar, Purasawalkam, Chennai, vide his letter, dated 14.12.2015, placing the same on record, he is granted three months' time from today, to recover the balance amount from the fourth respondent, and pay the same to the petitioner.

4. Writ Petition is disposed of accordingly. No costs.

Sd/ ASSISTANT REGISTRAR(CS-IV) /TRUE COPY/ SUB-ASSISTANT REGISTRAR dixit To 1.The District Collector, District Collectorate, M.Singaravelar Maaligai, 62, Rajaji Salai, Chennai-600 001.

2.The Tahsildar, Purasawalkam, Perambur Taluk Office, Ambattur, Chennai-600 011.

3.The Deputy Commissioner of Labour-I, Labour Commissionerate, DMS Complex, Teynampet, Chennai-600 006.

+1 CC to MR.A.Shanmugaraj Advocate. SR.NO.67579 +1 CC to Govt.Pleader. SR.NO.67610 W.P.No.32305 OF 2015 CO-TM JD 29/12/2015