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Madras High CourtWP/381/2021closed

V.Ayyadurai v. State Industries Promotion Corporation

2024-02-02Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.439 and 440 of 2021 V.Ayyadurai ... Petitioner Vs.

1. State Industries Promotion Corporation of Tamil Nadu Ltd., SIPCOT, Rep. by its Managing Director, 19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai - 600 008.

2. Board of Directors, Rep. by its Chairman - SIPCOT, 19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai - 600 008.

3. The State of Tamil Nadu, Represented by the Principal Secretary to Public (Law Officers) Dept., Secretariat, St.George Fort, Chennai - 600 009.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records comprised in the proceedings in Lr. No.Legal/Fees/AAG- II/2020 on the file of the SIPCOT/1st Respondent dated 02.09.2020 and quash the same and consequently direct the 1st Respondent/SIPCOT to pay the balance fee of Rs.9,74,700/- together with interest at the rate of 12% on the total fee of Rs.19,74,700/- for the period between 09.11.2017 to 29.08.2020 and such interest

on the balance fee of Rs.9,74,700/- from 29.8.2020 till the date of payment by fixing reasonable time.

For Petitioner : Mr.V.Ayyadurai (party-in-person) For R1 & R2 : M/s.Sudharashana Sunder, SC For R3 : Mr.P.Balathandayutham, Special Government Pleader

O R D E R

The Writ Petition has been filed against the proceedings in Lr.No.Legal/ Fees/AAG- II/2020 on the file of the SIPCOT/1st Respondent dated 02.09.2020 and quash the same and consequently direct the 1st Respondent/SIPCOT to pay the balance fee of Rs.9,74,700/- together with interest at the rate of 12% on the total fee of Rs.19,74,700/- for the period between 09.11.2017 to 29.08.2020 and such interest on the balance fee of Rs.9,74,700/- from 29.8.2020 till the date of payment by fixing reasonable time.

2. Mr.V.Ayyadurai, petitioner-in-person would submit that the order dated 02.11.2022 passed in the present Writ Petition was taken by way of an appeal before the Hon'ble Division Bench in Writ Appeal No.2579 of 2022 and the said writ appeal was disposed of on 30.11.2022, directing the respondents to settle the legal fees due to the petitioner. Not satisfied with the order passed by the Hon'ble Division Bench, the respondent / SIPCOT preferred SLP(Civil) Diary No.17302 of 2023 and the Hon'ble Supreme Court had passed an order on 06.11.2023, directing the SIPCOT/1st respondent to negotiate the terms of settlement viz-a-viz the professional charges to be paid to the

writ petitioner. The matter was directed to be listed after two weeks.

3. Mr.Ayyadurai, petitioner-in-person submits that the negotiation meeting was conducted on 07.12.2023 between the officials of the respondent and the petitioner and as per the interim order of the Apex Court, the petitioner has to place the facts before the Apex Court. The petitioner further submits that in view of the pendency of the SLP, the present Writ Petition may be closed and that he would make further submissions before the Apex Court.

4. In view of the submissions made by the petitioner-in-person, the Writ Petition stands closed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 02.02.2024 skr Index : Yes To

1. State Industries Promotion Corporation of Tamil Nadu Ltd., SIPCOT, Rep. by its Managing Director, 19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai - 600 008.

2. Board of Directors, Rep. by its Chairman - SIPCOT, 19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai - 600 008.

3. The Principal Secretary to Public (Law Officers) Department, Secretariat, St.George Fort, Chennai - 600 009.

S.M.SUBRAMANIAM, J.

skr

02.02.2024