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Madras High CourtWP/33621/2025disposed of with direction

Ramasamy v. The District Collector

2025-09-08Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Ramasamy ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Thiruvaur - 610 004.

2.Kalidoss ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 03.08.2023 and recover a sum of Rs.4,23,700/- (Rupees Four Lakhs Twenty Three Thousand and Seven Hundred only) along with interest @ 7.5% per annum from 07.09.2012 to till the date of recovery of the debt as arrears of Land Revenue from the 2nd respondent as per the order dated 11.07.2023 passed in I.A.No.1 of 2023 in M.C.O.P.No.169 of 2012 by the learned Chief Judicial Magistrate, Nagapattinam within a time frame as fixed by this Court.

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For Petitioner : Mr.S.Mugesh For Respondents : Mr.M.Rajendiran Additional Government Pleader [R1] Notice dispensed with [R2] *****

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the 1st respondent to consider the petitioner's representation dated 03.08.2023 and recover a sum of Rs.4,23,700/- (Rupees Four Lakhs Twenty Three Thousand and Seven Hundred only) along with interest @ 7.5% per annum from 07.09.2012 to till the date of recovery of the debt as arrears of Land Revenue from the 2nd respondent as per the order dated 11.07.2023 passed in I.A.No.1 of 2023 in M.C.O.P.No.169 of 2012 by the learned Chief Judicial Magistrate, Nagapattinam within a time frame as fixed by this Court.

2. Since no adverse order has been passed against the 2nd respondent, notice to the 2nd respondent is dispensed with.

3. Mr.M.Rajendiran, learned Additional Government Pleader, accepts notice on behalf of the 1st respondent. With the consent of both Page No.2 of 6

the parties, this writ petition is taken up for final disposal at the stage of admission itself.

4. The case of the petitioner is that on 18.12.2011, he met with an accident and he filed a claim petition in M.C.O.P.No.169 of 2012 before the Motor Accidents Claims Tribunal/learned Chief Judicial Magistrate, Nagapattinam, seeking compensation for a sum of Rs.5,00,000/-. After adjudication, the Tribunal, vide order dated 21.05.2013, had partly allowed the above said M.C.O.P., awarding compensation of Rs.4,23,700/- payable by the 2nd respondent herein with interest at the rate of 7.5%. Since the 2nd respondent has failed to comply with the said order, the petitioner has filed an application in I.A.No.1 of 2023 in M.C.O.P.No.169 of 2012 seeking for issuance of certificate of recovery for a sum of Rs.4,23,700/- from the 2nd respondent. Subsequently, the Tribunal, vide order dated 11.07.

2023, had issued a recovery certificate u/s 174 of the Motor Vehicles Act, 1988 to the 1st respondent with a direction to recover the above sum along with interest for the aforesaid amount under the Revenue Recovery Act, 1890 and to pay the same to the petitioner after intimating it to the Tribunal. Since the said order was not implemented, the petitioner has made a representation before the 1st Page No.

respondent on 03.08.2023. However, till date, the 1st respondent has neither implemented the order passed by the Tribunal nor passed any orders on the petitioner's representation dated 03.08.2023. Hence, the petitioner has filed the present writ petition before this Court for appropriate orders.

5. Though very many grounds have been raised in the writ petition, learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the 1st respondent to implement the order dated 11.07.2023 passed by the Tribunal in I.A.No.1 of 2023 in M.C.O.P.No.169 of 2012, within a reasonable time as fixed by this Court.

6. Considering the limited request made by the learned counsel for the petitioner, this court, without expressing any opinion on the merits of the case, directs the 1st respondent to implement the order passed by the learned Chief Judicial Magistrate, Nagapattinam in I.A.No.1 of 2023 in M.C.O.P.No.169 of 2012, dated 11.07.2023, within a period of six (6) weeks from the date of receipt of a copy of this order, if there is no legal impediment.

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7. With the above directions, this Writ Petition is disposed of. No costs.

08.09.2025 Index : Yes / No Speaking order / Non-speaking order sp To The District Collector, Office of the District Collector, Thiruvaur - 610 004.

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M.DHANDAPANI, J.

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