Easwari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI Easwari ... Petitioner in W.P(MD)No.9991/2023 Dhanalashmi ... Petitioner in W.P(MD)No.9992/2023 Vs

1.The District Collector, Madurai District, Madurai.

2.The Branch Manager, The National Insurance Company Limited, No.6, West Masi Street, Madurai.

3.Arumugam ... Respondents in both W.Ps' COMMON PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent to recover the award amount with interest passed in W.C.Nos.157 of 2008 and 156 of 2008 on the file of the Commissioner of Workmen Compensation Tribunal, Dindigul dated 15.03.2017 from the second respondent under Section 5 of the Revenue Recovery Act. In both W.Ps': For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.M.Mahaboob Athiff (R1) Counsel for Government of Tamil Nadu : Mr.S.Srinivasa Ragavan (R2) : No appearance (R3) COMMON ORDER This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to recover the award amount, together with interest, awarded in W.C.Nos.157 of 2008 and 156 of 2008 on the file of the Commissioner for Workmen's Compensation, Dindigul, by order dated 15.03.2017, from the second respondent under the provisions of the Revenue Recovery Act.

2.The learned counsel appearing for the petitioners submitted that the petitioners were employees of the third respondent and that the third respondent had insured its liability towards its employees with the second respondent. During the course of their employment, the petitioners sustained injuries and, therefore, filed claim petitions in W.C.Nos.157 of 2008 and 156 of 2008 before the Commissioner for Workmen's Compensation, Dindigul. By order dated 15.03.2017, the Commissioner awarded compensation of Rs.79,765/- and Rs.65,843/- respectively, together with interest at the rate of 12% per annum from 29.08.2008 till the date of deposit, and directed the second respondent to deposit the said amounts. Since the award was not complied with, the petitioners approached the Commissioner for Workmen's Compensation, who, in turn, issued a Recovery Certificate dated 05.03.2020 to the first respondent for recovery of the award amount. According to the learned counsel, despite the issuance of the Recovery Certificate, no effective steps have been taken by the first respondent to recover the amount. Hence, the present Writ Petitions.

3.Considering the limited relief sought in these Writ Petitions, without expressing any opinion on the merits of the claim, this Court directs the first respondent to consider and act upon the Recovery Certificate dated

05.03.2020 issued by the Commissioner for Workmen's Compensation, after affording an opportunity of hearing to the respondents 2 and 3, and pass appropriate orders in accordance with law, if there is no legal impediment. Such exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4.With the above direction, these Writ Petitions are disposed of. There shall be no order as to costs.

08.07.2026 NCC : Yes / No Index : Yes / No ps To

1.The District Collector, Madurai District, Madurai.

2.The Branch Manager, The National Insurance Company Limited, No.6, West Masi Street, Madurai.

M.DHANDAPANI, J. ps

08.07.2026