S. Angamuthu v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.20631 of 2009 S.Angamuthu ..Petitioner -vs1. Secretary to Government Municipal Administration and Water Supply Department Government of Tamil Nadu Fort St.George Chennai 600 009

2. The Commissioner Salem Municipal Corporation Salem 636 001

3. The Deputy Director Internal Audit and Financial Department Salem Municipal Corporation Salem 636 001 ..Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 2 and 3 to pay the petitioner a sum of Rs.61,001/- withheld by them under the proceedings dated 9.1.2004 passed by the third respondent being the 25% of the gratuity amount, together with interest at the rate of 9% per annum from 9.1.2004 or at such other rate till the date of payment within a time frame as may be fixed by this Hon'ble Court.

For Petitioner : Ms.Elizabeth Ravi for Mr.P.Raja For Respondents : Mr.K.Ravikumar Additional Government Pleader for R1 & 3 Mr.K.Sridhar for M/s K.Sridhar Associates for R2

ORDER

This writ petition has been filed seeking a mandamus directing the respondents 2 and 3 to pay the petitioner a sum of Rs.61,001/- withheld by them under the proceedings dated 9.1.2004 passed by the third respondent being the 25% of the gratuity amount, together with interest at the rate of 9% per annum from 9.1.2004.

2. When the matter was taken up, Mr.K.Sridhar, learned counsel for the Commissioner, Salem Municipal Corporation, the second respondent herein fairly stated that the second respondent has accepted the request of the petitioner and he has also produced the cheque bearing No.457634 dated 3.4.2019 drawn on Indian Bank, Salem in the name of the writ petitioner for a sum of Rs.1,12,699/- including the interest at the rate of 9% per annum from the date of filing of the writ petition. The said cheque has also been received by the learned counsel for the petitioner in the Court.

3. Recording the same, this writ petition is closed. No costs.

ss Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. The Secretary to Government Municipal Administration and Water Supply Department Fort St.George Chennai 600 009

2. The Commissioner Salem Municipal Corporation Salem 636 001

3. The Deputy Director Internal Audit and Financial Department Salem Municipal Corporation Salem 636 001

+1cc to M/s.Elizabeth Ravi, Advocate, SR.No.33021 +1cc to the Govt.Pleader, Vide Sr.No.34022 W.P.No.20631 of 2009 Kak(23/05/2019)