Madras High Court
The Kanyakumari District ... vs S.Thangom on 9 March, 2021
W.A(MD)No.1291 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)No.1291 of 2016
and
C.M.P(MD)No.8859 of 2016
The Kanyakumari District Consumer
Co-operative Whole Sales Stores Limited,
Y.No.26, Rep. by Co-operative Sub-Registrar,
Execution and Liquidation
Kanyakumari District Co-operative,
Central Bank Branch Elankadai,
Nagercoil. ... Appellant/2nd Respondent
Vs.
1.S.Thangom
2.S.Arunachalam
3.C.Balamirtham
4.A.Velu Pillai
5.G.Sumathy Ammal
6.C.Parameswaran
7.P.Saraswathy
8.G.Gnana Prakashi
9.L.Kanaga Ammal
10.D.Achariam
11.S.Sree Thangaraj
12.A.Valliammal
13.N.Krishnan
14.P.Krishnan
15.M.H.Kair Nisha
16.A.Leela
17.R.Ramesh
18.J.Yessiah
19.M.Shiek Mohideen ... Respondents/Petitioners
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W.A(MD)No.1291 of 2016
20.The District Collector,
Kanyakumari District,
Nagercoil. ... 20th Respondent/1st Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 23.03.2015 made in W.P(MD)No.4038 of 2009
on the file of this Court.
For Appellant : Mr.N.S.Ramakrishna Dass
For RR 3 to 10
12, 14 to 18 : No appearance
For RR 11, 13 & 19 : Mr.V.Jeyaprakash
For R – 20 : Mr.P.Mahendran
Additional Government Pleader
: Mr.D.Shanmugaraja Sethupathy
for Central Co-operative Bank
JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
The Writ Appeal is directed against the order passed by the
learned Single Judge in W.P(MD)No.4038 of 2009, dated 23.03.2015.
2.The erstwhile employees/writ petitioners of the appellant
herein had sought for a Writ of Mandamus, to direct the District
Collector to enforce the proceedings in AA2/707/2006, dated
20.05.2006 of the Assistant Commissioner of Labour, Tirunelveli,
issued under Section 8 of Payment of Gratuity Act.
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W.A(MD)No.1291 of 2016
3.The respondents 1 to 19/writ petitioners also had given the
amount due to each of them. As the appellant did not pay the said
amount, the learned Single Judge, had issued a direction to the
District Collector to initiate proceedings under the Revenue Recovery
Act within a period of twelve weeks from the date of receipt of a copy
of that order.
4.Mr.D.Shanmugaraja Sethupathi, learned counsel for the
Central Co-operative Bank states that there were other outstanding by
the appellant, namely a loan amount of Rs.3,52,56,118/-, due to the
Central Co-operative Bank and the property was brought to sale and
they have realised only a portion of the amount. Sofar as the
provident fund due is concerned, it is stated that the said amount was
also remitted by the Central Co-operative Bank.
5.The learned counsel appearing for the appellant states that the
Society has got no other asset and it is not possible for them to settle
the writ petitioners herein.
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W.A(MD)No.1291 of 2016
6.As the appellant is unable to settle the dues, the Writ Appeal is
dismissed and the order passed by the learned Single Judge is
confirmed. No costs. Consequently, connected Miscellaneous Petition is
closed.
[P.S.N.,J] [S.K.,J.]
09.03.2021
Index :Yes/No
Internet :Yes/No
ps
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the advocate
/ litigant concerned.
To
The District Collector,
Kanyakumari District,
Nagercoil.
http://www.judis.nic.in
W.A(MD)No.1291 of 2016
PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
ps
W.A(MD)No.1291 of 2016
09.03.2021
http://www.judis.nic.in
