The State Of Tamilnadu v. M.C.Swamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2021

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MS.JUSTICE R.N.MANJULA W.A.No.3288 of 2019 and C.M.P.No.20957 of 2019

1. The State of Tamilnadu, Rep. by the Secretary to Government, Public Works Department, Fort St.George, Chennai - 600 009.

2. The Executive Engineer, PWD/Kaveri Modernisatino Division, Near Taluk Office Compound, Kumbakonam.

3. The Government of Tamil Nadu Rep. by its Chief Secretary, Fort St.George, Chennai (R3 suo motu impleaded vide order dated 21.10.2019 made in W.A.No.3288/19 and CMP No.20957/19) .. Appellants/Respondents Vs M.C.Swamy .. Respondent/Petitioner Appeal filed under Clause 15 of Letters Patent against the order dated 14.09.2018 made in W.P.No.33087 of 2013. Prayer in W.P.No.33087 of 2013.

It is prayed that this Hon'ble Court may be pleased to issue an order or direction more particularly in the nature of Writ of Mandamus to directing the respondents PWD Department to pay the fees bill together with interest @ 12% from 7.5.2003 onwards and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

For Appellants :

Mr.S.John J Raja Singh Government Counsel For Respondent :

Mr.V.Raghavachari

JUDGMENT

(Delivered by M.M.SUNDRESH, J.) This writ appeal is directed against the order dated 14.09.2018 made in W.P.No.33087 of 2013.

2.Heard the learned counsel appearing for the appellants and the learned counsel for the respondent.

3.The issue is with respect to the payment of fee for the work done by the respondent as a Government Counsel. The amount, which is the subject matter of the writ petition, as submitted by the learned counsel for the respondent is only a sum of Rs.57,350/-. It is not in dispute that the respondent was working as Government Counsel at the relevant point of time and he did make his appearance on several occasions. 4.In such view of the matter, we do not find any merit in this appeal as the learned single Judge correctly considered the relevant materials. Accordingly, the writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

5.The appellants are directed to make the payment of Rs.57,350/- with interest at 12% as ordered by the learned single Judge within a period of six weeks from the date of receipt of a copy of this judgment.

Sd/- Assistant Registrar(CO-IX) //True Copy// Sub Assistant Registrar mmi/ssm To

1. The Secretary to Government, Public Works Department, Fort St.George, Chennai - 600 009.

2. The Executive Engineer, PWD/Kaveri Modernisation Division, Near Taluk Office Compound, Kumbakonam.

3. The Secretary Government of Tamil Nadu Fort St.George, Chennai +1cc to Mr.V.Raghavachari, Advocate, S.R.No.36199 +1cc to the Government Pleader, S.R.No.36562 W.A.No.3288 of 2019 SJ(CO) CT(23/08/2021)