Disposed

Mrs.Maakali v. the District Collector

Madras HC11 Jan 2016WP/4213/2014

Case brief

AI extract

What is this about?

The Madras High Court directed the District Collector and Tahsildhar to enforce the Workmen's Compensation Act award and recover the awarded sum with interest from the Trust using the Revenue Recovery Act within eight weeks.

What did the court decide?

Direction to 1st and 3rd respondents to recover the awarded amount plus 12% interest from 4th respondent within 8 weeks using the Revenue Recovery Act.

Mrs.Maakali Vs the District Collector — Execution and Attachment | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.01.2016

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CORAM:

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THE HONOURABLE MR.JUSTICE M.M.SUNDRESH

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W.P.No.4213 of 2014

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Mrs.Maakali .. Petitioner
- Vs -
1. The District Collector,
Coimbatore District,
Coimbatore,
2. The Deputy Commissioner of Labour,
Coimbatore District,
Coimbatore,
3. The Tahsildhar,
Palladam Taluk,
Coimbatore,
4. The Administration,
Maakaliamman Kovil Trust,
Pallipalayam,
Poomalur,
Coimbatore,
5. M.Gnanasekar .. Respondents

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Prayer:- Writ Petition has been filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1^st respondent to recover a sum of Rs.4,33,160/- with 12% interest per annum from the date of the death of the petitioner's son, from the 3^rd respondent as computed by the 2^nd respondent/Workman Compensation Commissioner of Labour, Coimbatore in W.C.No.19 of 2008 dated 15.09.2010 within a time frame that may be fixed by this Court.

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Petitioner : Mr.K.Thilageswaran For Respondents : Mr.V.Subbiah, Spl.Govt.Pleader for RR.1 to

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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From the records, it is seen that the petitioner got an award from the 2^nd respondent – Workman Compensation Commissioner of Labour, Coimbatore, under the Workmen's Compensation Act in W.C.No.19 of 2008 dated 15.9.2010. A representation dated 21.11.2011 was also made by the petitioner before the 1^st respondent. Orders were passed by the 2^nd respondent on 23.8.2012, by which it has been stated that appropriate action could be taken to recover the said amount under the Revenue Recovery Act. As no further action was forthcoming, the present writ petition has been filed.

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Despite the notice having been served, none appears for respondents 4 and 5.

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It appears that the award passed by the 2^nd respondent dated 15.09.2010 has become final. Though the said order was passed by the 2^nd respondent and intimation was also given by the 2^nd respondent on 23.8.2012, no follow up action has been taken up.

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Therefore, a direction is hereby issued to respondents 1 and 3 to take appropriate action to recover the amount awarded against the 4^th respondent along with interest by resorting to the Revenue Recovery Act within a period of eight weeks from the date of receipt of a copy of this order.

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This writ petition stands disposed of accordingly. No costs.

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Sd/Assistant Registrar(CS VII)

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//True Copy//

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Sub Assistant Registrar

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The District Collector, Coimbatore District, Coimbatore,

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https://hcservices.ecourts.gov.in/hcservices/

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The Deputy Commissioner of Labour, Coimbatore District, Coimbatore,

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The Tahsildhar, Palladam Taluk, Coimbatore,

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+1cc to Mr.K.Thilageswaran, Advocate, S.R.No.2398

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+1cc to the Government Pleader, S.R.No.2238

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W.P.No.4213 of 2014

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ca(CO)
srg (29/01/2016)

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https://hcservices.ecourts.gov.in/hcservices/

Mrs.Maakali v. the District Collector

Case brief

What is this about?

What did the court decide?

Mrs.Maakali v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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