← Library
Madras High CourtWP(MD)/5009/2026disposed of

S.Durairaj v. The Government Of Tamil Nadu

2026-02-24Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.5009 of 2026 S.Durairaj

...Petitioner

Vs

1. The Government of Tamil Nadu, Rep. by its Secretary to the Government Finance Department, Fort St.George, Chennai - 600 009.

2. The Chief Engineer (Highways), Construction and Maintenance Tamil Nadu Construction Corporation, No.76, Sardar Patel Road, Guindy, Chennai - 600 025.

3. The District Collector, Chennai District, Chennai - 600 001.

4. The Tahsildar, Aminjikarai Taluk, Aminjikarai, Chennai - 600 029.

5. The Managing Director, Tamil Nadu State Construction Corporation Limited, Jawaharlal Nehru Salai, Jai Nagar, Arumbakkam, Chennai - 600 106.

1/5

6. Tamil Nadu Adi Dravidar Housing and Development Corporation Limited, (TAHDCO), Rep. by its Managing Director, No.31, Cenotaph Road, Teynampet, Chennai - 600 018.

7. The Assistant Commissioner of Labour, Authority Under the Payment of Gratuity Act, Tirunelveli.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of mandamus directing the Respondent Nos.3 and 4 herein to recover a sum of Rs.3,98,446/- along with interest at the rate of 18% per annum from 08.12.2023 till the date of payment from the Respondent No.5 herein under the provisions of Tamil Nadu Revenue Recovery Act, 1864 based on the Proceedings of the 7th respondent in 2017 in Na.Ka.No.A2/1835/2024 dated 24.09.2024 and to pay the same to the Petitioner. For Petitioner : M/s.D.Siva Raman For Respondents : M/s.D.Farjana Ghoushia Special Government Pleader for R1 to R4

ORDER

The present writ petition has been filed seeking a mandamus directing the respondents 3 and 4 to initiate appropriate action under the Revenue Recovery Act for recovering a sum of Rs.3,98,446/- along with interest based upon the orders passed by the Authority under the Payment of Gratuity Act from the fifth respondent.

2/5

2. The fifth respondent has suffered an order at the hands of the 7th respondent on 24.09.2024. The third respondent has sent a communication to the 4th respondent on 29.10.2024 and on 17.09.2025 for initiating appropriate action under the Revenue Recovery Act. So far, action has not been initiated by the 4th respondent. Hence, the present writ petition.

3. Considering the above said facts, the fourth respondent is directed to initiate action as against the 5th respondent under the Revenue Recovery Act. The said proceeding shall be initiated within a period of 4(four) weeks from the date of receipt of a copy of this order.

4. With the above said observations, this writ petition stands disposed of. No costs.

24.02.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To

1. The Secretary to the Government Finance Department, Fort St.George, Chennai - 600 009.

2. The Chief Engineer (Highways), Construction and Maintenance Tamil Nadu Construction Corporation, No.76, Sardar Patel Road, Guindy, Chennai - 600 025.

3. The District Collector, Chennai District, Chennai - 600 001.

4. The Tahsildar, Aminjikarai Taluk, Aminjikarai, Chennai - 600 029.

4/5

R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.5009 of 2026 24.02.2026 5/5