K.Madasamy Vs a.Paul Kannan

Prayer: Civil Revision Petition filed under Article 227 of The Constitution of India to direct the Joint Commissioner of Labour to number the unnumbered I.A. No. of 2024, dated 02.04.2024 in I.A. No. 17 of 2022 in W.C.No. 66 of 2019, on the file of the Joint Commissioner for Labour, Madurai within the time stipulated by this Honourable Court and allow the Civil Revision Petition and pass such further or other orders as this Honourable Court may deem fit and proper in the nature and circumstances of the case and thus render justice.

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For Petitioner : Mr. E.Mareeskumar For R1 : Mr.T.Antony Arul Raj

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.2559 of 2025 and W.P.(MD) No.25260 of 2025

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W.P.(MD) No.25260 of 2025

K.Madasamy

... Petitioner

Vs.

The District Collector, Virudhunagar, Virudhunagar District.

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The Tahsildar, Sivakasi Taluk, Virudhunagar District.

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A.Paul Kannan `

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.... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the entire records in relating to the impugned order dated 31.07.2025 made in Na.Ka. No.E2/76/2024 by the 1st respondent and to quash the same as illegal of the petitioner within the time stipulated by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

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For Petitioner : Mr. E.Mareeskumar For R1 & R2 : Mr.C.Venkatesh Kumar, Spl. G.P. For R3 : Mr.T.Antony Arul Raj

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O R D E R

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When the matter was taken up for hearing, the learned counsel for the petitioner as well as the learned counsel appearing on behalf of the third respondent in the writ petition submitted that, during

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.2559 of 2025 and W.P.(MD) No.25260 of 2025

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the pendency of these petitions, the dispute had been amicably settled between the parties and that both parties had filed separate undertaking affidavits to that effect.

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The undertaking affidavit filed by the petitioner is

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extracted hereunder:

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“1. I am the petitioner herein and as such I am well acquainted with the facts of the case, I had filed this present civil revision petition to number an unnumbered IA filed by me as against an exparte order passed by the Joint Commissioner of Labour in W.C.No.66 of 2019 and the writ petition has been filed as against the order passed by the Tahsildar of Sivakasi to enforce the order passed by the Joint commissioner of Labour, Madurai, under Revenue Recovery Act.

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2. I respectfully state that, the above refereed Civil Revision Petition and Writ Petition came up for hearing before this Hon'ble Court on 02.07.2026. In the said hearing the Hon'ble Court directed the both parties to amicably settle the issues before the Hon'ble Court by way of settlement and this Hon'ble Court has fixed the compensation of Rs. 9,00,000/- to the respondent, and the same was informed by my counsel to settle the issue amicably before this Hon'ble Court.

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C.R.P(MD)No.2559 of 2025 and W.P.(MD) No.25260 of 2025

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3. I respectfully state that, as per the advise of this Hon'ble Court and also advise of my counsel I am ready and undertake to pay the compensation of Rs.9,00,000/- with two installment, within a period of 30 days from today, and also I undertake to payment of first installment of Rs.5,00,000/within 1 week from today to the respondent and balance settlement amount of Rs.4,00,000/- will be pay to the respondent within 30 days from today.

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Hence, this Hon'ble Court may be pleased to accept this present affidavit and pass appropriate order and thus render justice.”

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3. The undertaking affidavit filed by the third respondent is

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extracted hereunder:

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“ I am the 3rd respondent in the above writ petition and the sole respondent in C.R.P. (MD).No.2559 of 2026 filed by the petitioner herein before this Hon'ble Court and I am well acquainted with the facts of the case.

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2. I respectfully state that I was working as an employee in the printing press in the name and style "Blessing Fine Art" owned and run by the petitioner herein as it's sole proprietor. On 18.10.2018 during the course of my employment, I met with an accident which my leg struck in the printing machine. Consequent to that my right leg was amputated. Since I was permanently disabled, I filed a petition before the Joint Commissioner, Labour, Madurai in W.C.No.66 of 2019. The said petition was allowed by order

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.2559 of 2025 and W.P.(MD) No.25260 of 2025

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dated 22.11.2021 and a sum of Rs.8,05,315/- was awarded as compensation along with 12% interest. I approached the 1st respondent to implement the said order. He had sent a notice dated 31.07.2025 to the petitioner herein which is now put under challenge in the above writ petition and in respect of the IA filed by the writ petitioner before the Joint Commissioner Labour to restore the dismissal I.A for setting aside ex-parte award the C.R.P. (MD).No.2559 of 2026 was also filed and the same is tagged along with this writ petition.

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3. I respectfully state that before this Hon'ble Court, the petitioner during the course of argument offered to pay a sum of Rs.9,00,000/- as full and final settlement for the Labour Court award dated 22.11.2021 To put an end to the pending litigation and to give a quietus to the issue I hereby accept the said offer made by the petitioner payment of a sum of Rs.9,00,000 to me, I hereby submit my full satisfaction I will accept the said amount as full and final settlement of all dues in all proceedings arising out of the accident dated 18.10.2018 and I will not make any further claim or action on payment of the said sum against the petitioner.

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It is therefore humbly prayed that this Hon'ble Court may be pleased to record this undertaking and pass appropriate order and thus render justice.”

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C.R.P(MD)No.2559 of 2025 and W.P.(MD) No.25260 of 2025

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In view of the subsequent developments, these petitions

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stand disposed of. The undertaking affidavits shall form part and parcel of this order. No costs. Consequently, the connected miscellaneous petitions are closed.

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06.07.2026

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Index : Yes/No Internet : Yes/No PKN

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.2559 of 2025 and W.P.(MD) No.25260 of 2025

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To