W.P.No.4593 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.02.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.4593 of 2025 K.LAKSHMI ... Petitioner Vs 1. THE DISTRICT COLLECTOR COLLECTORATE, PERAMBALUR DISTRICT. 2. THE COMMISSIONER OF LABOUR TEYNAMPET, CHENNAI – 600 006. 3. THE DEPUTY COMMISSIONER OF LABOUR / COMMISSIONER OF WORKMENS COMPENSATION, TIRUCHIRAPPALLAI. 4. D.TAMIL SELVAN ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to direct the first respondent to recover the compensation amount of Rs.4,36,320/- (Rupees Four Lakh Thirty Six Thousand three hundred and twenty only) with 12% interest from the date of accident in the pursuant of the third respondent's order dated 04.02.2013 in W.C.No.5 of 2011 under the Section 4 of Revenue Recovery Act, 1890 from the fourth respondent. For Petitioner : Mr.P.Saravanan 1/6 https://www.mhc.tn.gov.in/judis W.P.No.4593 of 2025 For R1 to R3 : Mr.Stalin Abimanyu Additional Government Pleader ORDER The prayer in the writ petition is to recover the compensation amount of Rs.4,36,320/- awarded to the petitioner, along with further interest at the rate of 12% per annum. In view of the nature of the order that is passed, the writ petition is disposed of at the admission stage without notice to the fourth respondent. If the fourth respondent being the management, is able to demonstrate before the respondents that award or recovery certificate has been reversed or stayed by any forum or that he has paid the entire arrears and on satisfaction of the same, the fact can be recored and intimated to the workmen. If not further action be taken. 2. The case of the petitioner is that the petitioner suffered with an accident while at work and subsequently, filed a claim petition under the Employees Compensation Act, 1923. An award has already been passed and it has become final. The recovery certificate has also been issued by the appropriate Labour Commissioner. When the recovery certificate is issued by the Labour Commissioner, then it is for the District Collector to recover the 2/6 https://www.mhc.tn.gov.in/judis W.P.No.4593 of 2025 amount as if it were an arrears of land revenue, invoking the provisions of the Revenue Recovery Act. 3. In this matter, this Court has observed that the Collector is forwarding the proposal to the Tahsildar, who is further forwarding the proposal to the Revenue Inspector. It may not be possible for the Collector himself to personally handle everything in these matters. However, while forwarding, the first respondent/District Collector shall direct the Tahsildar to enquire about the movable and immovable properties available in respect of the concerned employer/management within a time frame. In the absence of any general order empowering the Tahsildar or the concerned subordinate official, the Collector shall also empower him in the communication. It shall also contain further directions to pass a distraint order in respect of the movables and an attachment and sale order in respect of the immovables. 4. Therefore, whenever these applications/recovery certificates for recovering arrears of the Workmen under various Labour Welfare Legislations are made to the District Collector even though they are delegating the functions to the Tahsildar as it is not possible for the District Collector to 3/6 https://www.mhc.tn.gov.in/judis W.P.No.4593 of 2025 conduct a field inspection in every case and they depend on the concerned Tahsildar, the directions should be given, as state supra. The Tahsildar can involve the Revenue Inspector and the Village Administrative Officer, Surveryors and other subordiante staff to identify the properties, service the distraint orders or attachments orders and to receive and the amounts form the defaulter etc. But he cannot simply forward the application received from the collector to the Revenue Inspector or any other other authority. 5. In view of the above observations and the nature of relief that is prayed for, the writ petition is disposed of at the admission stage itself without notice to the fourth respondent management. 6. The first respondent, either by himself or through the Tahsildar shall complete the action of finding out the movable and immovable properties that belongs to the management and initiate appropriate action either by himself or through the Tahsildar in accordance with law. Swift action be taken to recover the arrears of workman. The distraint action in respect or movables and the attachments of immovables as the case may be shall be initiated within a period of 12 weeks from the date of receipt/production of the website 4/6 https://www.mhc.tn.gov.in/judis W.P.No.4593 of 2025 uploaded copy of this order without waiting for the certified copy of the order. 7. In view thereof, the writ petition is disposed of. No costs. 12.02.2025 Neutral Citation: Yes/No nsl To 1. THE DISTRICT COLLECTOR COLLECTORATE, PERAMBALUR DISTRICT. 2. THE COMMISSIONER OF LABOUR TEYNAMPET, CHENNAI – 600 006. 3. THE DEPUTY COMMISSIONER OF LABOUR / COMMISSIONER OF WORKMENS COMPENSATION, TIRUCHIRAPPALLAI. D.BHARATHA CHAKRAVARTHY, J. nsl 5/6 https://www.mhc.tn.gov.in/judis W.P.No.4593 of 2025 W.P.No.4593 of 2025 12.02.2025 6/6 https://www.mhc.tn.gov.in/judis