Kushal Educational Trust v. The Principal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Kushal Educational Trust Rep.by its Trustee Mr.T.Manohar Kumar Surana No.113, Salem Main Road Kallakurichi and Taluk Kallakurichi District.
... Petitioner Vs.
1.The Principal Government Arts and Science College Kallakurichi 606 202.
2.The Collector Officer of the Collectorate Kallakurichi Kallakurichi District.
3.The Joint Director Office of the Joint Director of Collegiate Education Gandhi Nagar Vellore 632 006.
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4.Principal Secretary to Government Health and Family Welfare Department Secretariat Chennai 600 009.
5.Principal Government Medical College Kallakurichi 606 212.
....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remit the pending rental arrears amounting to Rs.25,55,640/- (Rupees Twenty Five Lakhs Fifty Five Thousand Six Hundred and Forty Only) due to the petitioner inclusive of an interest at the rate of 12% per annum from 2021. For Petitioner : Mr.Aravind Pandian Senior Counsel Assisted by M/s.Chandra Prakash Surana For Respondents : Mr.C.Jayaprakash for R1 to R3 Government Advocate Mr.E.Sundaram for R4 & R5 Government Advocate 2/6
ORDER
This Writ Petition is filed for a Writ of Mandamus directing the respondents to remit the pending rental arrears amounting to Rs.25,55,640/- due to the petitioner inclusive of interest at the rate of 12% per annum from the year 2021.
2. When the matter came up for hearing today, the learned Government Advocate would produce G.O.Ms.No.281 dated 20.12.2024 in and by which already out of the arrears, a sum of Rs.22,68,429/- has been sanctioned and by complying with the certain procedural formalities which included rectification of the account number in the Government Order, they will pay the amount as expeditiously as possible.
3. In view thereof, the Writ Petition is disposed of on the following terms;
(i) As sanctioned by G.O.Ms.No.281 dated 20.12.2024 let the amount as sanctioned being a sum of 3/6
Rs.22,68,429/- which is in respect for the period up to 05.10.2021 to 21.01.2024 to be paid within a period of four weeks from the date of receipt/production of the website uploaded copy of the order without waiting for the certified copy of the order;
(ii) The learned Senior Counsel would submit that there are also other occupation periods. In respect of the same, the petitioner shall make a representation pointing out the dates of occupation and the same shall be considered and disposed of by passing orders within a period of six weeks from the date of receipt of the representation and if any amount is also found to be due, the same shall also be sanctioned and duly paid; (iii) If the sums due as directed above is not paid within the time granted by this Court, then the same shall be paid with further interest at the rate of 12% per annum from today.
(iv) No costs.
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To 1.The Principal Government Arts and Science College Kallakurichi 606 202.
2.The Collector Officer of the Collectorate Kallakurichi Kallakurichi District.
3.The Joint Director Office of the Joint Director of Collegiate Education Gandhi Nagar Vellore 632 006.
4.The Principal Secretary to Government Health and Family Welfare Department Secretariat Chennai 600 009.
5.The Principal Government Medical College Kallakurichi 606 212.
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D.BHARATHA CHAKRAVARTHY , J.
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