S.THIRUMALAIVELU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner seeks the expeditious disposal of the revenue recovery proceedings against the third respondent vide Na.ka.No.133518/2005/Bj4 dtd. 4/11/2019, on the file of the first respondent.

(2.) The petitioner states that a cheque issued to him by the third respondent was dishonoured, and that he filed a case under Sec. 138 of Negotiable Instruments Act, 1881 in such regard. The case ended in his favour and the accused was awarded a sentence of one year imprisonment and was directed to pay compensation of Rupees Ten Lakhs. The appeal against such judgment was dismissed by order dtd. 6/1/2021.

(3.) On account of the failure of the third respondent to pay the compensation amount, the petitioner filed a criminal miscellaneous petition seeking issuance of distress warrant against the third respondent. Such warrant was issued by order dtd. 29/4/2019. Pursuant thereto, by proceedings dtd. 4/11/2019, the first respondent directed the second respondent to take further action under the Revenue Recovery Act, 1864 against the third respondent. In view of the failure by the second respondent to initiate and conclude such proceedings, the present writ petition is filed.