Judgment :- 1. This writ petition is filed to call for the records of the respondent relating to the Order in Na.Ka.No.2449/00/E1, dated 31.7.2002 and quash the order dated 31.7.2002. 2. The petitioner is an approved contractor under the second respondent and has given the work of laying cement road for Ayyankoil Street, Chinnamanoor. The Commissioner of Chinnamanoor Municipality also gave work orders to other contractors for different segments/ streets. It appears that one Sevathi, S/o Veeranna Devar sustained injuries while working under the contractor at Chockammal Koil Street. He filed an application in W.C.No.134 of 2000 under Section 22 of the Workmen Compensation Act 1923 claiming compensation as against the present petitioner as R1 and the Commissioner of Chinnamanoor Municipality as R2. In that proceedings, the said Sevathi was examined as P.W.1 and four documents were marked as Exs.A1 to A4. On behalf Duraipandian,/ the present writ petitioner, who is the first respondent before the Deputy Commissioner of Labour, was examined as R.W.1 and one Naaga Subramaniyan, Works Inspector of Chinnamanur Municipality was examined as R.W.2. Two documents were marked as Exs.R1 & R2. After considering the oral and documentary evidence, the Commissioner for Workman Compensation (Deputy Commissioner of Labour) came to the conclusion that the said Sevathi was employed on behalf of Chinnamanoor Municipality and that he sustained injuries in the course and out of employment. 3. Insofar as the liability is concerned, the Commissioner came to the conclusion that the petitioner herein is not the contractor under whom, the said Sevathi was engaged and that the petitioner Duraipandian is not the contractor for the Chockammal Koil Street where the said accident happened. It is also recorded in the evidence of RW.1 that the petitioner, who was the contractor for laying the cement road in Ayyankoil street and there was no accident in that street. It is further recorded that no work was taken up by the petitioner in Chockammal Koil Street. The Commissioner came to the conclusion that no compensation is liable to be paid by the said Duraipandian to the applicant therein. It is further recorded that no work was taken up by the petitioner in Chockammal Koil Street. The Commissioner came to the conclusion that no compensation is liable to be paid by the said Duraipandian to the applicant therein. The order of the Commissioner of Workman Compensation directed the Chinnamanoor Municipality to deposit the amount within a period of 30 days from the date of receipt of copy of that order and recover the amount from the contractor concern to whom, the contract for laying the cement road in Chokkammal Koil Street was allotted. 4. The Municipality instead of proceeding against the appropriate contractor, who was incharge of the worker at Chokkammal Koil Street at the time of the accident, has proceeded to issue the impugned notice demanding payment of money from the petitioner, who has been exonerated by the Deputy Commissioner of Labour. Therefore, the impugned proceedings is bad for non application of mind to the relevant fact that no accident occurred at Ayyan Koil Street, for which, contract was given to the petitioner herein. The accident happened at Chokkammal Koil Street and it is held that the petitioner is not the contractor for that street. Therefore, the impugned proceedings is totally misconceived without application of mind to the order passed by the Deputy Commissioner of Labour and therefore, it is liable to be set aside. 5. In the result, the writ petition is allowed and the impugned proceedings is set aside. No costs.