Madras High CourtWP(MD)/2121/2013closed

R. Nagarajan, v. The District Collector,

2018-03-05Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.2121 of 2013 R.Nagarajan ... Petitioner Vs.

1. The District Collector, Pudukottai District, Pudukottai.

2. The Tahsildar, Kulathur Taluk, Pudukottai District.

3. The Special Officer, M.N.109, Thodiyar Primary Agricultural Co-operative Credit Society, Thodaiyur, Kaveri Nagar Via Pudukottai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 & 2 to recover the sum of Rs.77,486/- from the 3rd respondent Society pursuant to the recovery certificate issued in favour of the petitioner in Se.Mu.No.Aa2/10040/2011 dated 27.02.2012 by the competent authority constituted under Tamil Nadu Payment of Subsistence Allowance Act, 1981.

For Petitioner : Mr.Antony Arul Raj For R1 and R2 : Mr.M.Muthu Additional Government Pleader For R3 : Mr.S.Kumar

O R D E R

The learned counsel for the writ petitioner states that the present writ petition has been filed for payment of subsistence allowance and others.

2.It is brought to the notice of this Court that during the pendency of the writ petition, the writ petitioner was terminated from service and he had raised the industrial dispute and award https://hcservices.ecourts.gov.in/hcservices/

was also passed in favour of the workman by the labour Court. Thus, it is for the writ petitioner to work out his remedy based on the labour Court award in respect of the payment of subsistence allowance. The same also can be attached along with the award order already passed and present writ petition is concerned, this Court can not consider the case only in respect of payment of subsistence allowance, in view of the subsequent factual developments. Accordingly, the writ petition stands closed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Pudukottai District, Pudukottai.

2. The Tahsildar, Kulathur Taluk, Pudukottai District.

+ 1 cc TO Mr.T.Antony Arul Raj , Advocate in SR No. 53208 + 1 cc TO The Special Government Pleader in SR No. 53676 mm AE/JC/SAR2/23.03.2018/2P/5C W.P.(MD)No.2121 of 2013 05.03.2018 https://hcservices.ecourts.gov.in/hcservices/