IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 17296 of 2008(H) -------------------------- PETITIONER: -------------- JAYAPRAKASH, AGED 34 YEARS, S/O. RAMANKUTTY, VATTACHERRY, VATTACHERRY P.O., CHITTUR TALUK, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENTS: ----------------- 1. THE DEPUTY COMMISSIONER OF LABOUR, DINDIGAL, TAMIL NADU. 2. THE TAHSILDAR, REVENUE RECOVERY, CHITTUR, PALAKKAD. 3. THE VILLAGE OFFICER, VANDITHAVALAM VILLAGE OFFICE, VANDITHAVALAM, CHITTUR TALUK, PALAKKAD DISTRICT. BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 17296 OF 2008 - H = = = = = = = = = = = = = = = Dated this the 10th June 2008 J U D G M E N T Petitioner was one of the opposite parties in W.C. No. 69/02 on the file of the 1st respondent. The award was rendered on 5.11.2004 and no appeal has been filed. In terms of the award, the petitioner is to pay 50% of the compensation to the claimants. Since the award has become final and compensation was not paid, recovery proceedings have now been initiated and that is under challenge in this writ petition. 2. In view of the finality of the award, recovery proceedings cannot be faulted. If that be so, the petitioner will have to pay the amount to the claimants. Taking note of the directions that have already been issued by this Court in W.P.(C) No. 15963/08 filed by another opposite party in this very claim, this writ petition is also disposed of directing that the petitioner shall pay 50% of the amount due in terms of Ext.P1 demand notice on or before 17.6.2008 and the balance shall be paid by the petitioner before W.P.(C) No. 17296 OF 2008 - 2 - 17.7.2008. Subject to payment as above, it is directed that recovery proceedings shall be kept in abeyance and in case the petitioner commits default, the respondents will be free to continue the proceedings that they have already initiated. ANTONY DOMINIC JUDGE jan/-