IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 OP(C).No. 3613 of 2011(O) -------------------------------------- WCC.3/2005 OF COMMISSIONER FOR WORKMEN'S COMPENSATION, PALAKKAD .................... PETITIONER: -------------------- NARAYANAN @ SUNDARAN, S/O.KRISHNAN, KIZHAKKEPURAKKAL HOUSE, CLARI P.O., KUTTIPPALA, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): -------------------------- BEERANKUTTY PALAKKAL, S/O.PALAKKAL MOOSA, PROPRIETOR HIGH TECH INTERLOCKING SOIL BRICKS, VETTICHIRA P.O., 676 552 PUNNATHALA, MALAPPURAM DIST. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 3613 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1:- TRUE COPY OF THE ORDER DTD. 27/1/2010 WCC NO.3/05 ON THE FILES OF WORKMEN COMPENSATION COMMISSIONER, PALAKKAD. EXT.P2:- TRUE COPY OF THE EXECUTION PETITION IN WCC NO.3/05 ON THE FILES OF WORKMEN COMPENSATION COMMISSIONER, PALAKKAD. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3613 of 2011 -------------------------------------- Dated this the 8th day of November, 2011. JUDGMENT Notice to the respondent is dispensed with in view of the decision I propose to take in this case. 2. Petitioner, claiming to have sustained injury in the course of employment on 01.07.2005 filed W.C.C.No.3 of 2005 before the Workmen's Compensation Commissioner, Palakkad (for short, “the Commissioner”). The Commissioner awarded `96,689/- with interest to be recovered from the respondent. It is stated that a copy of the order was served on the respondent but the amount is not so far deposited. Hence petitioner filed application to execute the award as provided under Section 31 of the Workmen's Compensation Act, 1923 (for short, “the Act”). But so far no action is taken by the Commissioner. 3. This Original Petition is to direct the Commissioner to initiate proceedings for recovery of the amount as per the award. 4. Learned counsel submitted that since no action is being taken petitioner is put to much difficulty. OP(C)No.3613/2011 2 5. Having regard to the circumstances I am inclined to issue a direction as prayed for. Resultantly this Original Petition is disposed of directing the Commissioner to initiate action as provided under law on the petition preferred by the petitioner, as early as possible having regard to the grievance of petitioner. THOMAS P.JOSEPH, Judge. cks