A.Rajaraman, v. The Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2022

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN A.Rajaraman ... Petitioner vs.

1.The Commissioner of Municipal Administration, Ezhizhalam, Chepauk, Chennai - 600 005.

2.The Commissioner, Tindivanam Municipality, Tindivanam.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to forthwith pay a sum of Rs.2,69,550/- which is due to the petitioner towards Retainer Fees and the Legal fees for the cases conducted by the petitioner as Council for the 2nd respondent Municipality for the period from 22.05.2007 upto 08.11.2011, together with interest at the rate of 18% p.a from the respective due dates of payment.

For Petitioner : Mr.K.Sivakumar For Respondents : Mrs.V.Yamunadevi, Spl. Govt. Pleader for R1 Mr.S.Gunasekar for R2 1/4

O R D E R

The petitioner seeks a direction to the respondents to pay Retainer Fees and the Legal fees.

2. Though I have my own doubts regarding the maintainability of the writ petition, since the liability to pay such fee is being disputed by the respondents, I do not propose to go into the said question. Inasmuch as the respondents claim to have paid the entire amount due and the learned counsel for the petitioner would dispute it, it is open to the petitioner to file a civil suit seeking recovery where evidence could be taken regarding payments made.

3. Hence, this writ petition is dismissed with liberty to the petitioner to approach the civil Court. No costs.

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To 1.The Commissioner of Municipal Administration, Ezhizhalam, Chepauk, Chennai - 600 005.

2.The Commissioner, Tindivanam Municipality, Tindivanam.

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R.SUBRAMANIAN , J.

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