Madras High Court
T.Geetha vs The District Collector on 1 July, 2021
W.P.No.10240 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2021
:CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.10240 of 2021
T.Geetha ... Petitioner
-vs-
1. The District Collector,
Office of the Thiruvallur District Collector,
Collectorate Building
Thiruvallur- 602 001.
2. The Joint Commissioner of Labour II,
DMS Campus, Teynampet,
Chennai-600006.
3. The Revenue Divisional Officer,
Thiruvallur Division,
Thiruvallur Taluk,
Thiruvallur District.
4. The Tahsildar,
Thiruvallur Taluk Office,
Thiruvallur District.
5. Pipare Tubus Fabricare Unit-2,
Rep by its Proprietor
A,B Choudry and Anamika Choudry
DP-40, SIDCO Industries,
Kakalur,
Thiruvallur-602 003. ... Respondents
https://www.mhc.tn.gov.in/judis/
1/6
W.P.No.10240 of 2021
Writ Petition filed under Article 226 of the Constitution of India, praying for the
issuance of a Writ of Mandamus directing the first respondent to implement the order in
A3/7778/2019 dated 02.03.2000 passed by the 2nd respondent and recover the sum of
Rs.6,57,280 along with 12% Per Annum from 12.01.2019 till the date of recovery from
the 5th respondent.
For Petitioner : Mr.M.Vijayan
for M/s.R.Gunalan R Vennila
For Respondents : Mr.LSM. Hasan Fizal
Government Advocate
ORDER
The petitioner has come forward with this Writ Petition seeking direction to the
first respondent to implement the order in A3/7778/2019 dated 02.03.2000 passed by
the 2nd respondent and recover a sum of Rs.6,57,280 along with 12% Per Annum from
12.01.2019 till the date of recovery from the 5th respondent.
2. The case of the petitioner is that her husband was working in the fifth
respondent's Manufacturing Unit and during the said course of employment on
12.01.2019 at 3.00 P.M., the steel pipe fell on her husband's head, due to which he
succumbed to injuries. Hence, the petitioner filed an application before the second
respondent for compensation under the Workmen's Compensation Act, 1923(in short
'the Act'). Though the second respondent issued several notices to the fifth respondent
calling them to appear before the Authority they did not appear. The second respondent
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W.P.No.10240 of 2021
vide order dated 11.06.2019 determined the compensation payable to the petitioner at
Rs.6,57,280/- with interest @ 12% per annum and directed the fifth respondent to pay
the compensation within 30 days. As the same was not paid, the second respondent
issued show cause notice dated 16.10.2019 to the fifth respondent calling upon them to
pay the compensation along with interest as directed by the fifth respondent, within 15
days failing which revenue recovery proceedings will be initiated against them. Even
after such notice, the fifth respondent did not come forward to pay the compensation
and therefore the second respondent issued Recovery certificate and directed the first
respondent to recover a sum of Rs.6,57,280/- along with 12% from the fifth respondent.
As the petitioner had not received any compensation till date, he has come forward with
the present writ petition seeking for the aforesaid relief.
3. The Tahsildar filed a counter, wherein it has been specifically mentioned in
paragraph 5 that a sum of Rs.2,00,000/- has been paid to the petitioner by the fifth
respondent by way of cheque bearing No.152316 dated 22.04.2021. This fact has been
denied by the learned counsel for the petitioner. As the fifth respondent is not before
this Court, even after receipt of notice, the actual disbursement cannot be ascertained.
4. Mr.LSM Hasan Fizal, learned Government Advocate would submit that Xerox
copy of the cheque was given to the Tahsildar to show that part payment has been made.
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W.P.No.10240 of 2021
This fact has been denied by the learned counsel for the petitioner.
5. Though a cheque is stated to be issued in favour of the Petitioner, there is no
need for the petitioner to keep the cheque in hand without depositing it in the Bank. In
my considered opinion, probably, the Management would have taken back the cheque
purported to have been issued in order to avoid any further coercive action to be taken
against them. The Management, in order to show that the order has been complied with,
would have retained a copy of the cheque and given it to the Tahsilder. There is no
evidence to show that a sum of Rs.2,00,000/- (Rupees Two Lakhs only) has been
deposited as per the Act. It has been specifically stated in the counter affidavit that the
exparte order passed by the second respondent has been challenged.
6. In such view of the matter, the fifth respondent is directed to issue a stop
payment request to the Bankers in respect of the cheque of Rs.2,00,000/-, if any issued,
and draw a Demand Draft/Pay order for the said sum of Rs.2,00,000/- in favour of the
petitioner. If the remaining amount is not paid as ordered by the Authority, under the
Act, it is open to the authorities concerned to take steps to attach the property of the
fifth respondent forthwith.
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W.P.No.10240 of 2021
7. With the aforesaid direction, this Writ Petition is allowed. It is made clear that
if the Tahsildar and the Collector are not going to take any steps pursuant to the revenue
recovery order issued by the authority, under the Act, it would amount to misdemeanor /
deviant / misconduct, dereliction of duty, lack of devotion to work, lack of integrity so
as to deprive their entire terminal benefits, apart from initiation of departmental action
against them in the light of the Judgment of this Court in the case of C.Parvathi Vs.
District Collector, Krishnagiri District and others [W.P.No.4654 of 2021] decided on
08.04.2021 at paragraph 4 and they can also be removed from service. No costs.
01.07.2021
Index: Yes / No
Speaking order /Non speaking order
arr
To
1. The District Collector,
Office of the Thiruvallur District Collector,
Collectorate Building
Thiruvallur- 602 001.
2. The Joint Commissioner of Labour II,
DMS Campus, Teynampet,
Chennai-600006.
3. The Revenue Divisional Officer,
Thiruvallur Division,
Thiruvallur Taluk,
Thiruvallur District.
https://www.mhc.tn.gov.in/judis/
W.P.No.10240 of 2021
S.VAIDYANATHAN,J.,
arr
4. The Tahsildar,
Thiruvallur Taluk Office,
Thiruvallur District.
5. Pipare Tubus Fabricare Unit-2,
Rep by its Proprietor
A,B Choudry and Anamika Choudry
DP-40, SIDCO Industries,
Kakalur,
Thiruvallur-602 003.
W.P.No.10240 of 2021
01.07.2021
https://www.mhc.tn.gov.in/judis/
