Muthusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.17180 of 2024 & W.M.P.(MD)No.14819 of 2024 1.Muthusamy 2.Rajendran ... Petitioners vs.

1.The District Collector, Pudukottai, Pudukottai District.

2.The Deputy Commissioner of Labour, The Deputy Commissioner of Labour Tribunal, Trichirapalli.

3.Karuppaih ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to recover the awarded amount with 12% interest from 19.10.2017 to till date from the third respondent under u/s 3(1) of the Revenue Recovery Act as per the orders passed by the second respondent dated 04.10.2023 and 29.9.2023 within the period that may be stipulated by this Court. 1/5

For Petitioner :

Mr.N.Kamesh For Respondents :

Mr.N.Ramesh Arumugam Government Advocate for R1 and R2

O R D E R

Heard Mr.N.Kamesh, learned counsel appearing for the petitioner and Mr.N.Ramesh Arumugam, learned Government Advocate appearing for the respondents 1 and 2.

2. Since the miscellaneous petition filed by the petitioners seeking permission to file a single writ petition is dismissed as withdrawn, the following order is passed in respect of the first petitioner alone.

3. The petitioner has filed this writ petition seeking to direct the first respondent to recover the awarded amount with 12% interest from 19.10.2017 to till date from the third respondent under section 3(1) of the Revenue Recovery Act as per the orders passed by the second respondent dated 04.10.2023 within a stipulated time.

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4. The petitioner has filed E.C.O.P.No.90 of 2022 before the second respondent Tribunal claiming compensation for the demise of his son in the accident that occurred on 03.01.2022. The second respondent Tribunal passed award dated 04.10.2023 for a sum of Rs.15,49,625/- along with interest at the rate of 12% per annum and the award amount ought to be paid by the third respondent within 30 days from the date of the award through Demand Draft in favour of the second respondent.

5. As the award amount is required to be recovered under revenue recovery, it is for the first respondent to initiate action. Since no action has been initiated so far, the petitioner has come up with this petition seeking a direction against the first respondent to initiate action for recovery of the award passed in his favour.

6. Considering the limited prayer sought for in the writ petition, the writ petition is disposed of with a liberty to the petitioner to give a representation to the first respondent and on receipt of the same, the first respondent shall consider to take necessary action in order to execute the 3/5

award dated 04.10.2023 and recover the same as expeditiously as possible. No costs. Consequently, connected Miscellaneous Petition is closed.

26.07.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi To 1.The District Collector, Pudukottai, Pudukottai District.

2.The Deputy Commissioner of Labour, The Deputy Commissioner of Labour Tribunal, Trichirapalli.

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R.N.MANJULA, J.

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