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Madras High CourtWP/5004/2018disposed of

P. Krishnasamy v. The State Of Tamil Nadu

2018-03-06Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.5004 of 2018 P.Krishnasamy S/o.Perianna Gounder .. Petitioner Vs.

1.The State of Tamil Nadu Rep. by its Secretary (Home) Fort St.George, Chennai.

2.The District Collector Erode District.

3.The Superintendent of Police Erode District.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to pay the amount of Rs.7,23,360/- as fees due to the petitioner for the services rendered by him as Public Prosecutor in Erode District, by considering the representation of the petitioner dated 06.10.2017.

For Petitioner : Mr.I.C.Vasudevan For Respondents : Mr.R.Govindasamy Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2.

The petitioner seeks for mandamus directing the respondents to pay a sum of Rs.7,23,360/- as fee due to the petitioner for the services rendered by him as the Public Prosecutor in Erode District, by considering his representation dated 06.10.2017.

https://hcservices.ecourts.gov.in/hcservices/

3. Though the petitioner has chosen to give a break up details in the affidavit filed in support of the writ petition as to how he has arrived at the arrears amount as Rs.7,23,360/-, in the representation dated 06.10.2017, no such details was given. Therefore, the second respondent will not be in a position to consider the said representation dated 06.10.2017 and pass any orders. Thus, it is for the petitioner to make a fresh representation, by giving all the facts and figures in support of his demand. Only when such representation is made with all details, the second respondent will be in a position to consider the same and pass orders on merits and in accordance with law.

4. Therefore, this writ petition is disposed of, by granting liberty to the petitioner to make a fresh representation with all materials details to the respondents within a period of two weeks from the date of receipt of a copy of this order. If any such representation is made within a time stipulated herein, the second respondent will consider the same and pass orders on merits and in accordance with law, as expeditiously as possible, in any event within a period of four months thereafter. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mk To 1.The Secretary (Home) The State of Tamil Nadu Fort St.George, Chennai.

2.The District Collector Erode District.

3.The Superintendent of Police Erode District.

+1cc to Mr.I.C.Vasudevan, Advocate, S.R.No.17231 +1cc to the Government Pleader, S.R.No.17757 W.P.No.5004 of 2018 KAN(CO) CS/21/03/18 https://hcservices.ecourts.gov.in/hcservices/