V.Packiam v. The Joint Commissioner Of Labour
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2025
CORAM
THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR V.Packiam ... Petitioner Vs.
1.The Joint Commissioner of Labour, Office of the Joint Commissioner of Labour, Race Course Road, K.Pudur, Madurai-625 007.
2.The District Collector, Office of the District Collector, Sivagangai District.
3.The Tahsildar, Manamadurai Taluk Office, Manamadurai, Sivagangai District.
4.The Branch Manager, M/s.United India Insurance Company Ltd., 266, Kapila Towers, Opp. To Sri Saibaba Temple, Mettupalayam Road, Coimbatore, Coimbatore District.
... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 and 3 herein to initiate revenue recovery proceedings against the 4th respondent herein for recovery of the Award amount of Rs.11,27,550/- with 12 percentage interest from the date of accident to till the deposit of the said amount in W.C.No.114 of 2016 on the file of the Commissioner of Workmen Compensation Court, Madurai dated 02.12.2022 by considering the proceedings of the 1st respondent dated 31.09.2023.
For Petitioner :
Mr.C.Gangai Amaran For R1 to R3 :
Mr.A.Baskaran Additional Government Pleader For R4 :
Mr.C.Karthick
ORDER
This writ petition has been filed seeking a writ of mandamus directing Respondents No.2 and 3 to initiate proceedings under the Revenue Recovery Act for recovery of an amount of Rs.11,27,550/- with 12% interest
being the compensation awarded in W.C.No.114 of 2016 on the file of the Commissioner of Workmen Compensation Court, Madurai dated 02.12.2022.
2. This Court having taken note of the relief sought in the present writ petition, required Mr.A.Baskaran, learned Additional Government Pleader to ascertain as to why Respondent No.1 has not taken any steps for recovery of the compensation awarded under order dated 02.12.2022. In respose to the same, Mr.A.Baskaran, learned Additional Government Pleader submitted that Respondent No.4 has already deposited the entire amount of compensation together with interest with Respondent No.1 and the petitioner has not made any application for withdrawing the said amount and, in case, if any such application is filed, then the same would be considered by Respondent No.1 in accordance with law.
3. In the light of the above, the relief sought for in the present writ petition has become infructuous and accordingly, this Writ Petition is disposed of granting liberty to the petitioner to file appropriate application for withdrawing the compensation lying with Respondent No.1 and, in case,
if any such application is filed by the petitioner, Respondent No.1 shall consider the same and pass orders thereon in accordance with law without any delay in the matter. There shall be no order as to costs. 13.02.2025 NCC : Yes/No Index : Yes/No Internet : Yes ABR To 1.The Joint Commissioner of Labour, Office of the Joint Commissioner of Labour, Race Course Road, K.Pudur, Madurai-625 007.
2.The District Collector, Office of the District Collector, Sivagangai District.
3.The Tahsildar, Manamadurai Taluk Office, Manamadurai, Sivagangai District.
MUMMINENI SUDHEER KUMAR, J.
ABR 13.02.2025