BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26/07/2011
CORAM
THE HONOURABLE MR. JUSTICE VINOD K.SHARMA
W.P.(MD)No.1714 of 2005
C.Muthuraman ..Petitioner
Vs
1. The District Collector,
Madurai District.
2. The Management,
Rakmani Mills Limited,
Silaiman 625 201,
Madurai District.
3. The Deputy Secretary to Government,
Labour and Employment Department,
Fort St.George,
Chennai-9.
4. The District Collector,
Sivagangai District,
Sivagangai and post.
5. The Deputy General Manager,
Stressed Assets Management Branch,
State Bank Building,
157-A, Anna Salai 8th Floor,
Chennai - 600 002.
R4 and R5 impleaded as party respondents as per the
order of this Court in M.P(MD)No.1 of 2010 in
W.P(MD)No.1714 of 2005, dated 20.10.2010 ..Respondents.
Prayer
Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus directing the first respondent
to effect revenue recovery proceedings as per the certificate issued by the
third respondent in G.O(D)No.404, dated 12.04.2004 immediately.
!For Petitioner ... Mr.T.Murugan
^For Respondents ... Mr.D.Muruganandam
1,3 and 4
For Respondent-2 ... No appearance
:ORDER
The prayer made in this Writ Petition is for issuance of a writ in the
nature of Mandamus, directing the respondent No.I to proceed with the
application filed by the petitioner under Section 33(C)(1) of the Industrial
Disputes Act for recovery of the amount as ordered by the learned Labour Court.
2. It is not disputed that respondent No.I has no jurisdiction to
recover the awarded amount due to the bifurcation of the District, and the
proceedings are to be taken up by the District Collector, Sivagangai District.
3. Nothing has been placed on record to show as to whether the petitioner
has filed any application under Section 33(c)(1) of the Industrial Disputes Act
with the District Collector, Sivagangai District, or any application has been
moved to the District Collector, Madurai to transfer the application to the
District Collector, Sivagangai District.
4. In absence of approaching the competent authority with appropriate
application, no Writ of Mandamus can be issued by this Court. It is well
settled law that before approaching the High Court for issuance of Writ in the
nature of Mandamus, it is prerequisite to first file a Writ of demand, showing
legal right and corresponding obligation of authority to redress the grievance.
5. Accordingly, the Writ Petition is dismissed, with liberty to the
petitioner to take steps to move for transfer of application from District
Collector, Madurai to District Collector, Sivagangai District or to move a
fresh application before the District Collector, Sivagangai District, for
recovery of the awarded amount. No costs.
vsn
To
1. The District Collector,
Madurai District.
2. The Deputy Secretary to Government,
Labour and Employment Department,
Fort St.George,
Chennai-9.
3. The District Collector,
Sivagangai District,
Sivagangai and post.
4. The Deputy General Manager,
Stressed Assets Management Branch,
State Bank Building,
157-A, Anna Salai 8th Floor,
Chennai – 600 002.