Ponnamma vs The District Collector
2021 Latest Caselaw 4678 Ker

W.P(c).No.3934/2016-N              1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                        WP(C).No.3934 OF 2016(N)


PETITIONERS:

       1       PONNAMMA, AGED 51 YEARS
               CHATHAMPPALLIL VETTIL, S.V.MARKET,
               AYANIVELIKULANGARA, KARUNAGAPPALLY, KOLLAM.

       2       LATHA VIKRAMAN, W/O VIKRAMAN, CHOZHATHIL
               VADAKKETHIL, KANNIMELCHERRY, KAVANAD, KOLLAM.

       3       ASWINI, D/O VIKRAMAN, CHOZHATHIL VADAKKETHIL,
               KANNIMELCHERRY, KAVANAD, KOLLAM.

               BY ADV. SRI.B.KRISHNA MANI

RESPONDENTS:

       1       THE DISTRICT COLLECTOR,
               KOLLAM-691001.

       2       THE TAHSILDAR,
               (REVENUE RECOVERY), REVENUE RECOVERY OFFICE,
               KOLLAM-691001.

       3       THE VILLAGE OFFICER
               KOLLAM WEST VILLAGE OFFICE, KOLLAM-691006.

       4       COMMISSIONER FOR WORKMEN'S COMPENSATION AND DEPUTY
               LABOUR COMMISSIONER, KOLLAM-691001.

       5       THE PRESIDENT
               THE MUTHIRAPARAMBU MUSLIM JUMA-MATH, MURIRAPRAMBU,
               KAVANAD P.O., KOLLAM-691013.

       6       THE SECRETARY
               THE MUTHIRAPARAMBU MUSLIM JUMA-MATH, MURIRAPRAMBU,
               KAVANAD P.O., KOLLAM-691013.

               SMT.VINITHA.B, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(c).No.3934/2016-N                      2




                                     P.V.ASHA, J.
                  -----------------------------------------------------
                            W.P(c) No.3934 of 2016-N
                   ----------------------------------------------------
                     Dated this the 9th day of February, 2021

                                 JUDGMENT

The Writ Petition was filed seeking a direction to the respondents to execute

the judgment Ext.P1 and to complete the revenue recovery proceedings. Ext.P1 is

the judgment passed by the Commissioner for Workmen's Compensation in favour

of the petitioner wherein the petitioner got impleaded as applicant. When the

matter came up for consideration on 29.02.2016 this Court had passed an order

directing the Presiding Officer, Industrial Tribunal, Kollam to report as to the

status of the amount received from the Employees Compensation Commissioner,

Kollam in WCC.No.1/1999 which was pending before the Deputy Labour

Commissioner, Workmen's Compensation Commissioner, Kollam. Thereafter the

Employees Compensation Commissioner as per letter dated 1.3.2016 informed that

a sum of Rs.1,47,795/- was realised through revenue recovery and the amount is

credited to the CCD account of the Employees Compensation Commissioner,

Kollam. It was stated that the case file was under process as per the provisions

contained in the Employees Compensation Act, 1923 and the Assistant Labour

Officer was directed to conduct an enquiry regarding the details of the dependents

of the deceased Sri Vikraman, S/o.Ponnamma, the 1st petitioner herein. It is further

stated that as soon as the legal formalities are completed as per the provisions of

the Act, the amount shall be disbursed to the dependents without any delay.

Therefore, it is for the petitioners to approach the respondents with the legal

heirship certificate/the relevant documents called for by the Employees

Compensation Commissioner.

The Writ Petition is disposed of accordingly.

Sd/- (P.V.ASHA, JUDGE)

rtr/

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 EXHIBIT P1: TRUE COPY OF THE JUDGMENT DATED 29.11.2006 IN C.C.NO.1/1999 BEFORE THE COMMISSIONER FOR WORKMEN'S COMPENSATION DEPUTY LABOUR COMMISSIONER, KOLLAM.

EXHIBIT P2 EXHIBIT P2: TRUE COPY OF THE APPLICATION DATED 7.4.2011 BEFORE THE PUBLIC INFORMATION OFFICER, REVENUE RECOVERY OFFICE, KOLLAM.

EXHIBIT P3 EXHIBIT P3: TRUE COPY OF THE REPLY DATED 19.5.2011.

EXHIBIT P4 EXHIBIT P4: TRUE COPY OF THE APPLICATION DATED 28.7.2011 BEFORE THE VILLAGE OFFICER, KOLLAM.

EXHIBIT P5 EXHIBIT P5: TRUE COPY OF THE REPLY DATED 26.8.2011.

EXHIBIT P6 EXHIBIT P6: TRUE COPY OF THE REPRESENTATION DATED 19.3.2012 BEFORE THE FIRST RESPONDENT.

EXHIBIT P7              EXHIBIT P7: TRUE COPY OF THE
                        ACKNOWLEDGEMENT IN RESPECT OF EXT.P6

EXHIBIT P8              EXHIBIT P8: TRUE COPY OF THE REPRESENTATION
                        DATED 2.8.2013.