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Madras High CourtWP/34799/2019disposed of

T.Ethirajalu v. The State Of Tamil Nadu

2023-04-13Honourable Mr Justice M.Dhandapani8 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 13.04.2023 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI T.Ethirajalu ... Petitioner Vs

1. The State of Tamil Nadu, Rep by its Secretary to Government, Home (Courts-VI A) Department, Fort St. George, Chennai-600 009.

2. The District Collector, Villupuram District, Villupuram-605 602.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus by directing the respondents to process and pay the pending professional fee bill amount of Rs.10,38, 100/- together with interest at 18% per annum pursuant to an appointment of Government Pleader vide G.O. st (D) No.668, Home (Courts-IVA) Department dated 12.01.2011 issued by the 1 respondent.

For Petitioner ... Mr.S.Udaya kumar Page No:2/8

For Respondents ... Mr.K.M.D.Muhilan, Additional Government Pleader

O R D E R

st Respondent to This Writ Petition has been filed for a direction to the 1 grant electricity service connection to the petitioner house pursuant to the petitioner's representation made on 26.11.2022.

2. It is the case of the petitioner that he was appointed as a Government Pleader vide G.O.(D) No.668, Home (Court-VIA) Department dated 09.07.2011 and he has been attending to the District Courts, Principal Sub-Courts etc. Though fee was fixed as per the tariff with Rs.6,000/- in addition to other charges as shown in the fee structure and though the petitioner presented bills from July 2011 to April 2017, however, the respondents have paid only an amount of Rs.1,29,000/- and the balance amount of Rs.10,38,100/- is yet to be paid to the petitioner, for which, the petitioner made a representation on 28.08.2019. However, till date, no action has been taken on the same. Hence this Writ Petition.

3. Though very many grounds have been raised, the learned Page No:3/8

counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation made on 26.11.2022 seeking to disburse the balance fee payable to the petitioner and pass orders on the same.

4. Learned Additional Government Pleader appearing for the respondents submits that the petitioner's request with regard to disbursement of the balance fee was already considered and the order has also been passed.

5. If the petitioner's representation is already considered and order has been passed, learned Additional Government Pleader is directed to communicate the order copy to the petitioner within a period of two weeks from the date of receipt of a copy of this order so as to enable the petitioner to work out his remedy in the manner known to law.

6. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.

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13.04.2023 NHS Index:Yes/No Internet:Yes To

1. The Secretary to Government, State of Tamil Nadu, Home (Courts-VI A) Department, Fort St. George, Chennai-600 009.

2. The District Collector, Villupuram District, Villupuram-605 602.

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M.DHANDAPANI, J NHS 13.04.2023 Page No:6/8

W.P.No.

34799 of 2019 M.DHANDAPANI, J This petition has been listed under the caption "For being Mentioned" at the instance of the learned counsel for the petitioner.

2. When the matter is taken up, learned counsel for the petitioner submitted that, a typographical error has crept in the order dated 13.04.2023 in the prayer portion and similarly para 1 of the order has also been wrongly typed and therefore, it is prayed that necessary corrections may be made in the said portion of the order.

3. Having regard to the submissions made by the learned counsel for petitioner and on perusal of the case bundle, the prayer portion as well as para 1 of the order dated 13.04.2023 shall stand replaced as under: "Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to process and pay the pending professional fee bill amount of Rs.10,38,100/- together with interest at 18% per annum pursuant to an appointment of Government Pleader vide G.O(D) No.668, Home (Courts-VIA) Department dated 9.07.2011 and in the light of G.O.(Ms.)No.36, Home (courts-V!A) Department dated 12.01.2011 issued by the 1st respondent."

Para-1: This Writ Petition has been filed seeking a direction to the respondents to pay the professional fee bill amount of Rs.10,38,100/- together with the interest at the rate 18% per annum in terms of the relevant G.Os as referred to by the petitioner.

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M.DHANDAPANI, J Nhs

4. Registry is directed to carry out the necessary corrections in the order dated 13.04.2023 and issue fresh order copy to the parties.

5. Except the above modification, the remaining portion of the order dated 13.04.2023 shall stand remain unaltered. 20.01.2026 Nhs 20.01.2026 Page No:8/8