M.C.Swamy v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.28836 of 2010 and WMP.No.1 of 2010 & 27874 & 15030 of 2022 M.C.Swamy
...Petitioner
Vs.
1.The State of Tamil Nadu Rep. by the Secretary to Govt.
Highways Department, Fort. St. George-Chennai-09.
2.The Chief Engineer (General) Highways Department, Chepauk, Chennai-05 3.Thiru. S. Senthilnathan, Advocate, No.55, Old Lawyers Chembers, High Court Buildings, Chennai-600104
...Respondents
Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of certiorarified mandamus calling for the records of the proceedings made in G.O.(D) No. 220 dt. 3.9.2007 Highways (HW2) Department and to quash the same and direct the respondents 1 and 2 to pay the differential fees Rs. 1 61 350/- with the interest @ 12% from the expiry of the bill date as ordered by this Honourable Court in W.P.No. 5635/2007 dated 09.04.2008.
For Petitioner : M/s.R.Ramya for : M/s.Senthil Swamy Association For Respondents : Mr.B.Vijay [R1 & R2] Additional Government Pleader : Mr.V.Karthikeyan [R3]
O R D E R
Read this order in conjunction with order dated 05.12.2022, reading thus:
Mr.Vijay, learned Additional Government Pleader, who appears for the respondent circulates a copy of the Government Order in G.O.(R.T).No.353, Highways and Minor Ports (HW2) Deparrment, dated 02.12.2022, wherein the Government has sanctioned interest as ordered by this Court on 18.04.2022 in regard to the delay in remitting the fees payable to the petitioner while he held the position as Special Government Pleader.
2. Memo dated 05.12.2022 is filed by the learned Additional Government Pleader reading as follows: 'As per the orders of this Hon'ble Court the 1st respondent passed G.O.(R.T).No.353, dated 02.12.2022, Highways and Minor Ports (HW2) Department sanctioned a sum of Rs.2,54,127/- (Rupees Two Lakh Fifty Four Thousand One hundred and Twenty Seven Only) as a payment of interest upto 31.08.2022 to the Petitioner.
This amount will be credited on or before 12.12.2022 to the Petitioner's Account. The copy of the Government order is annexed herewith.'
3. Acceding to the request of the State, one week is granted to enable pay over of the amount. List on 12.12.2022 under the same caption in the same position.
2. Today Mr.B.Vijay, learned Additional Government Pleader
appearing for R1 & R2 would confirm that order dated 05.12.2022 has been complied with and this is also accepted by the learned counsel for the petitioner.
3. Recording this, the writ petition and the connected miscellaneous petitions are closed. No costs.
12.12.2022 ska Index : Yes/No Speaking Order To 1.The State of Tamil Nadu Rep. by the Secretary to Govt.
Highways Department, Fort. St. George-Chennai-09.
2.The Chief Engineer (General) Highways Department, Chepauk, Chennai-05
DR.ANITA SUMANTH,J.
ska W.P.No.28836 of 2010 and WMP.No.1 of 2010 & 27874 & 15030 of 2022 12.12.2022