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Madras High CourtWP/10346/2017disposed of

A.Suhara v. The State Of Tamil Nadu

2018-09-12Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.10346of 2017 A.Suhara ... Petitioner vs.

1. State of Tamil Nadu, Rep. by the Inspector General of Registration, 100, Santhome Road, Chennai - 600 028.

2. The District Registrar, O/o. The District Registrar, Nagapattinam - 611 001.

3. The Sub-Registrar, O/o. The Sub-Registrar, Near Taluk Office, Needamangalam, Nagapattinam - 614 104.

Thiruvarur.

4. The Principal Accountant, General (A&E), Chennai - 600 018.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus by directing the respondents to pay the DCRG amount of Rs.10,00,000/- with interest at the rate of 12% per annum and other left out service benefits to the petitioner and also to direct pay interest amount on the belated payment of GPF amount to the petitioner.

For Petitioners : M/s. R. Malaichamy For Respondents : Mr.P.P.Purushothaman for R1 to R3 Government Advocate.

: M/s.T.S.Selvarani for R4

O R D E R

The relief sought for in this writ petition is for a direction to direct the respondent to pay the DCRG amount of Rs.10,00,000/- with interest at the rate of 12% per annum and other left out service benefits.

2. The learned counsel appearing on behalf of the respondent now brought to the notice of this Court that, the DCRG amount of Rs.10,00,000/- had already been disbursed to the writ petitioner on 26.04.2017 after filing of the writ petition.

3. The learned counsel for the writ petitioner states that the amount of DCRG had been received by the petitioner. However, the interest as applicable for belated payment of DCRG has not been settled. In this regard, the authorities have to calculate the period of delay and accordingly pay the interest as applicable as per the Government orders in this regard.

4. In this regard, the writ petitioner has submitted a representation to the 2nd respondent on 12.01.2017. Thus the 2nd respondent is directed to consider the representation submitted by the writ petitioner in respect of the payment of interest for belated DCRG amount as per rules and Government orders and pass final orders on merits and in accordance with law within the period of 12 weeks from the date of receipt of a copy of this order.

5. The writ petitioner is directed to submit a fresh representation with all other Government orders, relevant documents along with the order passed in this present writ petition. Accordingly the writ petition stands disposed of. However no order as to costs.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar pkn To

1. The Inspector General of Registration, State of Tamil Nadu, 100, Santhome Road, Chennai - 600 028.

2. The District Registrar, O/o. The District Registrar, Nagapattinam - 611 001.

3. The Sub-Registrar, O/o. The Sub-Registrar, Near Taluk Office, Needamangalam, Nagapattinam - 614 104.

Thiruvarur.

4. The Principal Accountant, General (A&E), Chennai - 600 018.

+1cc to Mr.R.Malaichamy*, Advocate SR.No.63636 +1cc to Government Pleader SR.No.64137 W.P.No.10346 of 2017 GMY(03/10/2018)