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Madras High CourtWP/21813/2025allowed

C.Bhuvaragasamy, v. The Tahsildar

2025-06-20Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.06.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.Bhuvaragasamy ... Petitioner Vs 1.The Tahsildar Taluk Office Chidambaram Cuddalore District.

2.The District Collector District Collectorate Cuddalore.

3.The Deputy Commissioner of Labour Office of the Joint Commissioner of Labour-II Teynampet, DMS Compound Chennai - 600 006.

4.R.Ramanathan Proprietor S.Rathinaswamy Chettiar Sons Sri Natarajavillas Jewellery Hall No.44, Kasukadai Street Chidambaram - 608 001.

... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to recover the gratuity amount of Rs.1,55,769/- with 15% compound interest initiating appropriate action under the provisions of the Revenue Recovery Act and deposit the amount with the third respondent as directed under order dated 02.09.2024 passed by the third respondent. For Petitioner : Mr.S.Sadasharam For Respondents : Mr.M.Murali Government Advocate for R1 to R3

ORDER

The writ petition is filed for the following relief : "To issue a Writ of Mandamus directing the respondents 1 and 2 to recover the gratuity amount of Rs.1,55,769/- with 15% compound interest initiating appropriate action under the provisions of the Revenue Recovery Act and deposit the amount with the third respondent as directed under order dated 02.09.2024 passed by the third respondent."

2. When the matter is called, the learned Government Advocate appearing for the respondents 1 to 3 would submit that pursuant to the proceedings of the second respondent dated 09.11.2024 issued to the first respondent to recover the gratuity amount of the petitioner, the first 2/5

respondent have initiated revenue recovery proceedings against the fourth respondent-Management. Subsequent to which, a Demand Draft for a sum of Rs.15,000/- was issued by the fourth respondent-Management in favour of the third respondent. The learned Government Advocate had produced the copy of the same.

3. The learned Government Advocate would submit that 10% of the gratuity amount has now been recovered from the fourth respondent, he seeks further time to recover the balance amount.

4. Recording the above, the writ petition is disposed of with a direction to the respondents 1 to 3 to recover the balance 90% from the fourth respondent-Management within three months from the date of receipt of a copy of this order, and upon receipt of the same, the said amount shall be handed over to the petitioner forthwith. No costs. 20.06.2025 Index : Yes / No ds 3/5

To:

1.The Tahsildar Taluk Office Chidambaram Cuddalore District.

2.The District Collector District Collectorate Cuddalore.

3.The Deputy Commissioner of Labour Office of the Joint Commissioner of Labour-II Teynampet, DMS Compound Chennai - 600 006.

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P.T. ASHA, J, ds 20.06.2025 5/5