In a petition under Article 226, the Court rejected a request to apply revision for withdrawal of compensation intended for medical treatment, deeming the approach inappropriate for trivial clerical returns.
Direction given to the Sub Court at Rasipuram to number the application disposed of on merits within one month after petitioner's re-presentation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(NPD)No.1132 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.08.2020
C O R A M
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
C.R.P.(PD)No.1132 of 2020
K.Muthusamy
S/o.Karuppanna Gounder ... Petitioner
Vs.
1.A.P.Palanisamy
2.The New India Assurance Company Limited,
By its Branch Manager,
No.92, East Coast Road, Chamber 1 st Floor,
GN Chetty Road, T.Nagar,
Chennai. ... Respondents
(1st respondent remained ex-parte before the tribunal and no relief sought against 2nd respondent, hence, they are given up)
Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to issue direction directing the MACT/Sub Court at Rasipuram to number the IA (CFR) No.6842 of 2019 in MCOP No.549 of 2008 and to dispose of the same on merits within a stipulated period fixed by this Court.
For Petitioner : Mr.MA.P.Thangavel
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C.R.P.(NPD)No.1132 of 2020
O R D E R
The petitioner is the claimant in M.C.O.P.No.549 of 2008. The Tribunal
awarded compensation for a sum of Rs.1,70,000/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition. Hence, the petitioner filed a payment out petition in IA (CFR) No.6842 of 2019 dated 25.02.2019 for the purpose of withdrawing the money for setting up for drip water irrigation in his agricultural land for earning his livelihood. While that be so, the Tribunal returned the papers for filing medical certificate along with the petition.
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C.R.P.(NPD)No.1132 of 2020
Rasipuram, is accepted. For trivial matters, (clerical returns) the petitioner shall not be advised to approach this Court by way of revision.
drip water irrigation system, this Court is of the considered opinion that the Tribunal shall number the application and dispose of the same on merits. Accordingly, a direction is given to the Sub Court, Rasipuram to number IA (CFR) No.6842 of 2019, dated 25.02.2019 on its re-presentation by the petitioner and dispose of the same within a period of one month in accordance with law.
With the above direction, this Civil Revision Petition is disposed of. There shall be no order as to costs.
The Registry is directed to return the original papers to enable the petitioner to file re-presentation petition before the Tribunal.
ms
28.08.2020
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C.R.P.(NPD)No.1132 of 2020
M. GOVINDARAJ, J.
ms/asi
To
The Sub Judge, MACT/Sub Court, Rasipuram. C.R.P.(NPD)No.1132 of 2020
28.08.2020
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1 issue framed by the court
Whether the petitioner ought to be directed to approach the High Court in revision for withdrawal of compensation already awarded for medical treatment.
K. Muthusamy
A.P. Palanisamy
The New India Assurance Company Limited
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
