IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 15963 of 2008(A) -------------------------- PETITIONER: ------------ P.RAVEENDRAN, S/O.PONNAN, VANDITHAVALAM, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.P.BALAGOPAL 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. ADDL. RESPONDENTS R4. SMT. MAHA DEVI, W/O. LATE DURAIRAJ, THOGAMALAIKOTTAI, KOVILUR POST, VEDASANDUR T.K. R5. MALARODI, D/O. LATE DURAIRAJ, THOGAMALAIKOTTAI, KOVILUR POST, VEDASANDUR T.K. R6. VIJAYA, D/O. LATE DURAIRAJ, THOGAMALAIKOTTAI, KOVILUR POST, VEDASANDUR T.K. R7. POTHUMPONNU, D/O. LATE DURAIRAJ, THOGAMALAIKOTTAI, KOVILUR POST, VEDASANDUR T.K. R8. KUMAR (MINOR) AGED 15 YEARS, S/O. LATE DURAIRAUJ, THOGAMALAIKOTTAI, KOVILUR POST, VEDASANDUR T.K. R9. NEDUNCHELIAN (MINOR) AGED 13 YEARS, S/O. LATE DURAIRAJ, THOGAMALAIKOTTAI, KOVILUR POST, VEDASANDUR T.K. R10. ESWARI (MINOR) AGED 10 YEARS, D/O. LATE DURAIRAJ, THOGAMALAIKOTTAI, KOVILUR POST, VEDASANDUR T.K. R.11. KAMACHI, W/O. LATE RAMAN, THOGAMALIKOTTAI, KOVILUR POST, VEDASANDUR T.K. R12. JAYAPRAKASH, BUILDING CONTRACTOR, VATTACHERI, VATTACHERI POST, CHITTUR TALUK, PALAKKAD. (ADDL. RESPONDENTS 4 TO 12 ARE IMPLEADED AS PER ORDER ON IA. No. 6619/08 DATED 30.5.2008) R1 TO R3 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 15963 OF 2008 A = = = = = = = = = = = = = = = = = Dated this the 30th May, 2008 J U D G M E N T Petitioner was opposite party in proceedings W.C. No. 69.02 on the file of the 1st respondent. The award was passed as early as on 5.11.2004. In terms of the award, the petitioner is liable to pay 50% of the compensation granted. The award has so far no been challenged. To realise the compensation awarded, revenue recovery proceedings have been initiated by Exts. P1 and P2 and at that stage this writ petition has been filed. 2. In view of the finality of the award, the recovery proceedings now initiated cannot be faulted. However, the petitioner only seeks an instalment facility for paying the amount. Having regard to the fact that the case arises out of an accident resulting in death of a workman, and considering the fact that the family consisting of 9 members, I am not inclined to grant the instalment facility as sought for by the petitioner. However, in order to enable the petitioner to avoid coercive action now initiated and to discharge the liability, I W.P.(C) No. 15963 OF 2008 -2- direct that the petitioner will be permitted to pay the amount in terms of the award in two instalments the first of which will be payable on or before 7.6.2008 and the second instalment on or before 7.7.2008. Subject to payment as above coercive action will stand deferred and in case default is committed, the respondents will be free to continue the proceedings. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-