Madras High Court
Frances Mery vs The District Collector on 28 June, 2023
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.10922 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2023
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.10922 of 2023
Frances Mery ... Petitioner
Vs.
1. The District Collector,
Kancheepuram District,
2. The Workmen Compensation Commissioner No.2,
(The Joint Commissioner of Labour No.2)
Chennai - 6.
3. Sankaralingam ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the first respondent herein to take
action forthwith under the Revenue Recovery Act, 1890 in order to
implement the order of the second respondent dated 02.04.2019 in
W.C.No.14 of 2018 by recovering the amount of Rs.5,61,520/- with
interest from the third respondent in view of the communication dated
https://www.mhc.tn.gov.in/judis
1/6
W.P.No.10922 of 2023
19.01.2023 in Aa3/0095/2022 issued by the second respondent herein.
For Petitioner : Mr.G.Magesh Kumar
For R1 & R2 : Mr.R.P.Muruganraja
ORDER
This Writ Petition has been filed seeking a direction to the first respondent herein to take action forthwith under the Revenue Recovery Act, 1890 in order to implement the order of the second respondent dated 02.04.2019 in W.C.No.14 of 2018 by recovering the amount of Rs.5,61,520/- with interest from the third respondent in view of the communication dated 19.01.2023 in Aa3/0095/2022 issued by the second respondent herein.
2. The case of the petitioner is that her husband Gnanapragasam died on 16.08.2016 due to fatal accident as he fell down when he was working at the third respondent building. Hence, an FIR has been registered in Cr.No.459 of 2016 on the file of the Otteri Police Station, Kancheepuram District, for the offence under Section 304 A IPC. As the deceased was the only breadwinner of his family, the petitioner along with his son filed Workmen Compensation claim in W.C.No.14 of 2018, https://www.mhc.tn.gov.in/judis 2/6 W.P.No.10922 of 2023 which was disposed of by order dated 02.04.2019 as the third respondent has not chosen to contest the matter and accordingly, exparte order has been passed. After the above order, the third respondent filed an application to set aside the exparte order in I.A.No.187 of 2019 and the same has been dismissed as they did not prosecute the I.A as well. The second respondent issued a communication in Aa3/0095/2022 dated 17.08.2022 to the third respondent to pay the damages at the rate of 12% per annum and gave 15 days time to him. But he did not comply with that communication. Hence, the second respondent has directed the first respondent to initiate action under the Revenue Recovery Act by way of communication dated 19.01.2023 in Aa3/0095/2022, but so far no action has been taken by the first respondent. Hence, the present Writ Petition has been filed.
3. When the matter was taken up for hearing on 22.06.2023, Mrs.Akila Rajendran, Learned Government Advocate appeared for R1 and R2 was directed to produce status report and action taken report, failing which, it was ordered that the DRO should be present before this Court on 28.06.2023. When the matter was listed today i.e. on 28.06.2018 in the morning, the Learned Government Advocate appeared https://www.mhc.tn.gov.in/judis 3/6 W.P.No.10922 of 2023 for R1 & R2 sought to passover the matter for the appearance of DRO, hence the matter was passed over to 02.15 p.m. at Chamber. Since the Kancheepuram and Chengalpattu District have been bifurcated into two and the present jurisdiction false under the Chengalpattu District, the Chengalpattu DRO has appeared before the Chamber at 02.15 p.m. and submitted that, on 28.06.2023, they made an enquiry with the 3rd respondent's proprietor regarding the compensation payable to the petitioner and he had stated that he would pay Rs.1,00,000/- on 10.07.2023 and the remaining amount of Rs.4,61,520/- would be paid in installment, after verifying with the Workers Welfare Board.
4. In view of the above, this Court is inclined to direct the District Revenue Officer, Chengalpattu, to follow up and recover the amount from the 3rd respondent, on or before 31st October 2023.
5. Accordingly, this Writ Petition is disposed of with the above direction. No costs.
28.06.2023 raja Index : yes/no https://www.mhc.tn.gov.in/judis 4/6 W.P.No.10922 of 2023 Internet : yes/no To
1. The District Collector, Kancheepuram District,
2. The District Collector, Chengalpattu District,
3. The Workmen Compensation Commissioner No.2, (The Joint Commissioner of Labour No.2) Chennai - 6.
https://www.mhc.tn.gov.in/judis 5/6 W.P.No.10922 of 2023 V.BHAVANI SUBBAROYAN.J., raja W.P.No.10922 of 2023 28.06.2023 https://www.mhc.tn.gov.in/judis 6/6