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2026 Supreme(Online)(Mad) 17128

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
G.Nagarajan – Appellant
Versus
The District Collector, Collectorate, Salem District. – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.R.Naresh Kumar
For the Respondents: Mr.S.Senthil Murugan Special Government Pleader

The Court directed the first respondent to act under the Revenue Recovery Act for recovering gratuity interest, ensuring proceedings without notice to the third respondent.

Headnote:This judgment analyzes the Writ Petition filed under Article 226 of the Constitution of India, seeking a Mandamus to recover interest sums for gratuity amounts due. The Court found the petitioners entitled to a direction to the first respondent to proceed under the Revenue Recovery Act, ensuring compliance without notice to the third respondent. The main issue was whether the first respondent should be mandated to act according to the previous communication. The Court emphasized urgency in the proceedings. The writ petition is disposed of without costs.

Table of Content
1. writ petition filed for recovering gratuity interest. (Para 1 , 2)
2. court directs action under recovery act. (Para 3 , 4)

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, direct the first respondent to recover Rs.2,64,149/- (Two Lakh Sixty Four Thousand One Hundred Forty Nine only) interest for the first petitioner and Rs.2,10,488/- (Two Lakh Ten Thousand Four Hundred Eighty Eight) interest for the second petitioner being the interest for the Gratuity amount payable to the petitioners by the third respondent as per the order passed by the Deputy Commissioner of labour, Salem.

For Petitioners: Mr.R.Naresh Kumar For Respondents: Mr.S.Senthil Murugan Special Government Pleader

ORDER

The writ petition is filed to direct the first respondent to recover a sum of Rs.2,64,149/- towards interest for the first petitioner and a sum of Rs.2,10,488/- towards interest for the second petitioner, being the interest for the Gratuity amount payable to the petitioners by the third respondent as per the order passed by the Deputy Commissioner of labour, Salem.

2. In view of the innocuous relief that is prayed for, the writ petition is disposed of at the admission stage.

3. According to the learned counsel for the petitioner, by the communication dated 30.12.2024, the second respondent was directed by the first respondent to further proceed under the Revenue Recovery Act, 1864 and recover the amount from the third respondent.

4. Without expressing any view on the merits of the case, since already a communication dated 30.12.2024 has been issued to the second respondent to proceed further, the second respondent is directed to proceed in accordance with law as per the said communication dated 30.12.2024. It is made clear that the writ petition is disposed of at the admission stage without notice to the third respondent and all the contentions of the third respondent are kept open. The proceedings shall be completed as expeditiously as possible, in any event not later than two months from the date of receipt of the web copy of this order.

5. In view thereof, the writ petition stands disposed of. No costs.

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