D.Jayaprakash v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Jayaprakash .. Petitioner
Versus
1. The District Collector, Coimbatore District, Coimbatore - 641 018.
2. The Revenue Divisional Officer, Coimbatore South, State Bank Road, Coimbatore - 641 018.
3. The Assistant Director, Department of Geology and Mining, 4/61-E, Kurumbapalayam Road, Madukkarai, Coimbatore - 641 050.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to grant 6 months' time to pay the seniorage-cum-penalty amount of Rs.90,88,500/- 1/7
(Rupees Ninety Lakhs Eighty Eight Thousand and Five Hundred only) imposed in the other, dated 18.11.2024 made in Na.Ka.No.4145/2021/A2, passed by the 2nd respondent, by considering the petitioner's representation, dated 23.12.2024.
For Petitioner : Ms.K.Megala For Respondents : Mr.Stalin Abhimanyu, Additional Government Pleader, for RR-1 to 3
ORDER
This Writ Petition is filed for a mandamus directing the respondents to grant six months time to pay the seniorage-cum-penalty amount of Rs.90,88,500/- imposed vide order, dated 18.11.2024 by the second respondent by considering the representation of the petitioner, dated 23.12.2024.
2. On the earlier occasion, on 27.01.2025, this Court directed the petitioner to file an affidavit whether he is willing to pay a sum of 2/7
Rs.15,00,000/- within a period of three weeks to the respondents.
3. The said affidavit is filed.
4. Mr.Stalin Abhimanyu, the learned Additional Government Pleader for the respondents would submit that if six months time is granted, then, the amount should be paid with further interest at the rate of 24% per annum as prescribed under the statute and the rules for the said period also.
5. The learned Counsel for the petitioner submits that the petitioner is suffering from Parkinson's disease and he will comply with the installments as per the direction of this Court, but, however, this Court should consider the installments without interest.
6. I have considered the rival submissions made on either side and perused the material records of the case.
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7. In view of the fact that only short time is being prayed for and is being granted by this Court, I am of the view that the said sum of Rs.90,88,500/- shall be paid by installments, without any further interest. As undertaken, the sum of Rs.15,00,000/- shall be paid on or before 26.02.2025. The rest of the amount shall be paid in five equal monthly installments starting from the month of April, 2025. The installments shall be paid on or before 10th of every month. If there is any default in paying the installments, then, the amount will be payable with further interest at the rate of 24% per annum and the respondents will be entitled to proceed further to recover the amounts. The installments, granted by this Court, will not in any manner absolve the petitioner from any such enquiry or investigation that will be done by the authorities.
8. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
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05.02.2025 : no grs To
1. The District Collector, Coimbatore District, Coimbatore - 641 018.
2. The Revenue Divisional Officer, Coimbatore South, State Bank Road, Coimbatore - 641 018.
3. The Assistant Director, Department of Geology and Mining, 4/61-E, Kurumbapalayam Road, Madukkarai, Coimbatore - 641 050.
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D.BHARATHA CHAKRAVARTHY, J.
grs 6/7
05.02.2025 7/7