KANI Vs. DISTRICT COLLECTOR THOOTHUKUDI DISTRICT

JUDGEMENT

(1.) WITH the consent of both parties, this writ petition is taken up for final disposal.

(2.) THE petitioner's husband died in an accident while was in the course of employment and therefore, the petitioner filed W.C.No.72 of 2003, on the file of the 2nd respondent claiming compensation of Rs.4,00,000/-. THE 2nd respondent passed an award for Rs.2,67,252/- on 28.01.2005 and directed the 3rd respondent to pay the compensation amount to the petitioner and her mother-in-law. Unfortunately, the 3rd respondent did not obey the order of the 2nd respondent and therefore, the petitioner filed a petition before the 2nd respondent under Section 31 of Workmen Compensation Act to take proceedings against the 3rd respondent under Revenue Recovery Act and the 2nd respondent, by his letter, dated 18.12.2006 addressed to the first respondent requesting the first respondent to collect the award amount by invoking the provisions of the Revenue Recovery Act. Nevertheless, no action was taken by the first respondent and hence, this writ petition is filed for directing the first respondent to initiate recovery proceedings against the 3rd respondent and to recover the award amount passed in W.C.No.72 of 2003, on the file of the 2nd respondent, dated 28.10.2005.

(3.) THE learned counsel appearing for the petitioner submitted that in similar circumstances, this Court in the judgment reported in 2007(4) MLJ 470, in the case of M.Tharmaraj vs, District Collector, Tuticorin and others, directed the District Collector to take action and recover the award amount.