Maria Anthonymuthu v. The District Collector,

ORDER This Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents 1 to 3 to recover the compensation amount from the fourth respondent, in terms of the order passed in E.C.No. 25 of 2022 on the file of the third respondent dated 18.07.2024, by invoking the provisions of the Revenue Recovery Act, 1890, and to disburse the same to the petitioner/claimant at the earliest.

2.By consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the stage of admission itself.

3.Since no adverse order is proposed to be passed against the fourth respondent in the present Writ Petition, notice to the fourth respondent is dispensed with.

4.The learned counsel appearing for the petitioner submitted that the petitioner's son was employed as a mechanic under the fourth respondent-Management. During the course of his employment, due to electrocution, he succumbed to the injuries. Consequently, the petitioner filed a claim petition under the Employees' Compensation Act before the third respondent in E.C.No.25 of 2022. By order dated 18.07.2024, the third respondent directed the fourth respondent to pay a sum of Rs.16,89,150/- as compensation to the petitioner. However, the fourth respondent failed to comply with the said order.

5.The learned counsel further submitted that, thereafter, the petitioner filed an execution petition before the third respondent seeking recovery of the compensation amount. Pursuant thereto, the third respondent issued a Recovery Certificate dated 23.01.2025 to the first respondent/District Collector for recovery of the amount under the provisions of the Revenue Recovery Act, 1890. However, no action has been taken on the said Recovery Certificate till date. Aggrieved by the inaction on the part of the respondents, the petitioner has filed the present Writ Petition.

6.In view of the above, the first respondent is directed to take appropriate steps on the Recovery Certificate dated 23.01.2025 issued by the third respondent and proceed with the recovery proceedings in accordance with law, after affording an opportunity of hearing to the petitioner as well as the fourth respondent, if required, and if there is no legal impediment, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

07.07.2026 NCC : Yes / No Index : Yes / No ps To

1.The District Collector, Tuticorin District, Tuticorin.

2.The Tahsildar, Vilathikulam Taluk Office, Vilathikulam, Tuticorin District.

3.The Commissioner For Employee's Compensation, Employee Compensation Court, Thirunelveli.

4.The Managing Director, Bajaj Two Wheeler Company, Ettaiyapuram Road, Vilathikulam, Tuticorin District.

M.DHANDAPANI, J. ps

07.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI Maria Anthonymuthu ... Petitioner Vs 1.The District Collector, Tuticorin District, Tuticorin. 2.The Tahsildar, Vilathikulam Taluk Office, Vilathikulam, Tuticorin District. 3.The Commissioner For Employee's Compensation, Employee Compensation Court, Thirunelveli. 4.The Managing Director, Bajaj Two Wheeler Company, Ettaiyapuram Road, Vilathikulam, Tuticorin District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to recover the amount from the fourth respondent in the light of order passed in E.C.No.25 of 2022 on the file of the third respondent herein dated 18.07.2024, under Revenue Recovery Act, 1890 and to disburse the same to the claimants at the earliest. For Petitioner : Mr.K.Kumaravel For Respondents : Mr.R.Ramasmay (R1 & R2)