M.T.Arunan v. Dr.T.Dileep Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M.T.Arunan ... Petitioner Vs.

1.Dr.T.Dileep Kumar, President, Indian Nursing Council, 8th Floor, NBCC Center, Plot No.2, Community Center, Okhla Phase-I, New Delhi - 110 020.

2.Secretary, Indian Nursing Council, 8th Floor, NBCC Center, Plot No.2, Community Center, Okhla Phase-I, New Delhi - 110 020.

3.Union Of India, Represented by its Secretary, M/O of Health and Family Welfare, Nirmaan Bhavan, New Delhi - 01.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records

pertaining to the order passed by the 2nd respondent dated 03.02.2020 in F.No.22-10(Misc/2009-INC/6801 and quash the same and consequently direct the respondents to pay fees bills together with the interest at the rate of 24% per annum on the bills from the date of receipt of the respective bills till payments.

For Petitioner : Mr.A.V.Arun For R1 : Not ready in notice For R2 : Mr.B.Deepak Narayanan For R3 : Mr.B.Ramprabhu Central Government Standing Counsel

O R D E R

This writ petition has been filed challenging the order passed by the 2nd respondent dated 03.02.2020. The impugned letter would reveal that the petitioner, as a Practicing Advocate appeared on behalf of the Indian Nursing Council in various cases. The bills submitted by the petitioner/lawyer was not cleared and thus, the present writ petition came to be instituted.

2.

The impugned order further reveals that the copies of the bills attached with the E-mail are not legible and does not include the

details of hearing of the cases and appearances by the petitioner representing Indian Nursing Council and they have been sent to the Ministry. Since no records of the bills supported by the Court order is available, the Indian Nursing Council was not in a position to clear the said bills.

3.

Mr.B.Deepak Narayanan, learned Counsel for the Indian Nursing Council made a submission that some of the bills were already cleared and the remaining bills are under scrutiny and the petitioner is in the process of submitting the details of hearings and orders passed in his cases. In the event of submission of the said particulars, the Indian Nursing Council will be in a position to clear the bills, if otherwise, the petitioner is eligible for legal fees.

4.

In view of the facts and circumstances, the petitioner is at liberty to submit all the required details, including the details sought for by the Indian Nursing Council, enabling the respondents to consider the bills and process the same on merits and in accordance with law.

5.

With these observations, the Writ Petition Stands disposed of. No costs.

30.01.2024 veda Index : Yes / No Speaking order / Non-Speaking Order To 1.Dr.T.Dileep Kumar, President, Indian Nursing Council, 8th Floor, NBCC Center, Plot No.2, Community Center, Okhla Phase-I, New Delhi - 110 020.

2.Secretary, Indian Nursing Council, 8th Floor, NBCC Center, Plot No.2, Community Center, Okhla Phase-I, New Delhi - 110 020.

3.Union Of India, Represented by its Secretary, M/O of Health and Family Welfare, Nirmaan Bhavan, New Delhi - 01.

S.M.SUBRAMANIAM, J.

veda 30.01.2024