S.MANIVEL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to direct the 1st respondent with regard to W.C.A.No.8 of 2011, order dtd. 27/3/2015, to take action as per Sec. 5 of the Revenue Recovery Act, 1890 (No.1 of 1890) against the 3rd and 4th respondent to recover the compensation awarded by the Competent Authority amounting to Rs.4,62,886.00 along with the interest at the rate of 12% p.a. to be settled on the petitioner.

(2.) The learned counsel appearing on behalf of the writ petitioner states that the Competent Authority under the Workmen Compensation Act, passed an award of compensation in W.C.No.8 of 2011. Thereafter, a Show Cause Notice was issued on 13/7/2015, by the Additional Commissioner for Employees Compensation, Puducherry. Subsequently, on 19/8/2015, the recovery proceedings were issued and a certificate of recovery was issued on 19/8/2015 itself. In spite of the issuance of recovery certificate, the 1st respondent has not initiated any action to recover the amount of compensation from respondents 3 and 4.

(3.) This Court is of an opinion that once the recovery certificate is issued, it is mandatory on the part of the 1st respondent to invoke the provisions of the Revenue Recovery Act, to recover the entire compensation amount, and pay the same to the victim concerned. However, there is an enormous delay in implementing the recovery certificate by the 1st respondent. Thus, the writ petitioner is constrained to move the present writ petition.