IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.06.2017 CORAM THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.SR.No.155468 of 2016
1. Selvam 2.Arumugam
3. Minor Yuvaraj S/o.Ayyasamy Minor Rep. by his father as Natural Guardian and next friend
4. Narayanan 5.Amaravathi
5. Ranjit Kumar 7.Ponnammal 8.Murugesan 9.Kamsala 10.Murugan 11.Raji 12.Silambarasan 13.Anjulaksham 14.Lurthusamy 15.Krishnan 16.Lakshmi 17.Sakthivel 18.Krishnamurthy
19. Venkatesh
20. Rajasekaran ... Petitioners v.
1. The Secretary to Government Transport Department and the Chairman Tamil Nadu State Transport Corporation (Salem) Ltd St. George Fort Chenani - 600 009.
2. The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd.
No.12 Ramakrishna Road Salem - 7.
Udagamandalam.
3. The Financial Advisor cum Chief Accounts Officer Tamil Nadu State Transport Corporation (Salem) Ltd.
No.12 Ramakrishna Road Salem - 7.
4. The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd.
Dharmapuri Region Salem Main Road Bharathipuram Dharmapuri - 636 705 .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus , directing the respondents to deposit the award amount and to comply with the order passed by the Motor Accident Claims Tribunal, Tiruvannamalai as
1. CMA No.3131/2005 against MCOP No.194/1999 on the file of MACT, Additional Sub Judge, Tiruvannamalai, dated 02.12.2011;
2. CMA No.30/2010 against MCOP No.537/2005 on the file of MACT, Principal Sub Judge, Tiruvannamalai, dated 21.11.2008;
3. M.P.No.01/2009 in C.M.A.Sr.No.40215/2009 against MCOP No.194/1999 on the file of MACT, Additional Sub Judge, Tiruvannamalai, dated 13.10.2008;
4.C.M.A No.2826/2010 against MCOP No.835/2006 on the file of MACT, Additional Sub Judge, Tiruvannamalai, dated 09.04.2006;
5. MCOP No.744/2003 on the file of MACT, Principal Sub Judge, Tiruvannamalai, dated 05.03.2013;
6. MCOP No. 740/2003 on the file of MACT, Principal Sub Judge, Tiruvannamalai, dated 05.03.2013;
7. MCOP No.430/2006 on the file of MACT, Principal Sub Judge, Tiruvannamalai, dated 02.04.2012;
8. MCOP No.596/2005 on the file of MACT, Additional Sub Judge, Tiruvannamalai, dated 07.11.2006;
9. MCOP No.49/2004 on the file of MACT, Principal Sub Judge, Tiruvannamalai, dated 05.03.2013;
10. MCOP No.130/2007 on the file of MACT, Principal Sub Judge, Tiruvannamalai, dated 06.08.2012;
11. MCOP No.127/2007 on the file of MACT, Principal Sub Judge, Tiruvannamalai, dated 06.08.2012;
12. MCOP No.641/2003 on the file of MACT, Additional Sub Judge, Tiruvannamalai, dated 12.08.2008;
13. MCOP No.314/2006 on the file of MACT, Principal Sub Judge, Tiruvannamalai, dated 02.04.2012;
14. MCOP No.318/2006 on the file of MACT, Principal Sub Judge, Tiruvannamalai, dated 02.04.2012;
15. MCOP No.132/2007 on the file of MACT, Principal Sub Judge, Tiruvannamalai, dated 06.08.2012;
16. MCOP No.319/2006 on the file of MACT, Principal Sub Judge, Tiruvannamalai, dated 02.04.2012;
17. MCOP No.162/2009 on the file of MACT, Chief Judicial Magistrate, Tiruvannamalai, dated 28.02..2012;
18. MCOP No.333/1997 on the file of MACT, Additional Sub Judge, Tiruvannamalai, dated 08.01.2014;
19. MCOP No.161/2009 on the file of MACT, Cheif Judicial Magistrate, Tiruvannamalai, dated 28.02.2012; and
20. MCOP No.735/2006 on the file of MACT, Additional Sub Judge, Tiruvannamalai, dated 09.04.2010 and consider the representation dated 10.08.2016 by the petitioners and to pay the compensation amount in the above respective cases to the petitioners.
For Petitioner : Mr.F.Terry Chella Raja ORDER At the instance of the Registry, the matter has been listed under the caption "for maintainability".
2. The petitioners have filed the above writ petition to issue a writ of mandamus to consider their representation dated 10.08.2016 and to pay the compensation amount to them.
3. Pursuant to the award passed in various Motor Accident Claim Petitions, the petitioners have filed the Execution Petitions, which according to the learned counsel for the petitioners, are pending. Instead of prosecuting the Execution Petitions, the petitioners have come forward with the present writ petition to issue a writ of mandamus to direct the Transport Corporation to pay the compensation amount.
4. When an alternative remedy is available to the petitioners, the relief sought for in the writ petition cannot be granted and the writ petition is not maintainable.
5. In view of the same, W.P.SR.No.155468 of 2016 is rejected as not maintainable. No costs.
Rj 27.06.2017 To
1. The Secretary to Government Transport Department and the Chairman Tamil Nadu State Transport Corporation (Salem) Ltd St. George Fort Chenani - 600 009.
2. The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd.
No.12 Ramakrishna Road Salem - 7.
Udagamandalam.
3. The Financial Advisor cum Chief Accounts Officer Tamil Nadu State Transport Corporation (Salem) Ltd.
No.12 Ramakrishna Road Salem - 7.
4. The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd.
Dharmapuri Region Salem Main Road Bharathipuram Dharmapuri - 636 705 M.DURAISWAMY, J., Rj W.P.SR.No.155468 of 2016 27.06.2017 http://www.judis.nic.in