Madras High CourtWP/6277/2015disposed of

Anjalai, v. The District Collector,

2016-02-02Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2016

CORAM

THE HON'BLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.6277 of 2015 1 Anjalai 2 N.Marimuthu [ PETITIONERS ] Vs 1 The District Collector Kancheepuram.

2 The Deputy Commissioner of Labour-II D.M.S. Building 2nd Floor Teynampet, Chennai-6.

3 B.Krishnan [ RESPONDENTS ] Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent / District Collector Kancheepuram to initiate Revenue Recovery Proceedings against the third respondent in regard to the realisation of the amount awarded in W.C.375 of 2011 as per the award dated 27.08.2013 as per the request made by the Second Respondent by means of proceedings Lr.No. B3/1069/2014 dated 18.06.2014.

For Petitioners.. Mr.R.Venkatesulu For Respondents .. Mr.R.M.Muthukumar - R1 & R2 Government Advocate

O R D E R

With the consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2. Heard Mr.R.Venkatesulu, learned Counsel appearing for the petitioners and Mr.R.M.Muthukumar, learned Government Advocate, appearing for the respondents 1 & 2.

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3.The petitioner seeks for issuance of a writ of mandamus to direct the District Collector/first respondent to initiate action against the third respondent for realisation of the Award amount in W.C.No.375 of 2011 dated 27.08.2013. 4.The second respondent has passed the Award and granted compensation to the petitioners in W.C.No.375 of 2011 and it is stated that till date no appeal has been preferred by the third respondent. In this regard, the second respondent requested the first respondent to initiate revenue recovery proceedings and recover the amount by proceedings dated 18.6.2014 in Lr.No.B3/1069/2014.

5.In the light of the above, there will be a direction to the first respondent to consider the request made by the second respondent dated 18.06.2014, direct his subordinate officers to ascertain as to whether any appeal has been filed and if no appeal is filed, issue necessary direction to the Tahsildar concerned to immediately initiate proceedings under the Revenue Recovery Act for recovering the amount from the third respondent to be paid to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registra rpa To 1 The District Collector Kancheepuram.

2 The Deputy Commissioner of Labour-II D.M.S. Building 2nd Floor Teynampet, Chennai-6.

+1cc to the Government Pleader, S.R.No.7372 CNR(CO) EU(17/02/2016 W.P.No.6277 of 2015 https://hcservices.ecourts.gov.in/hcservices/