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Madras High CourtWP(MD)/7971/2012disposed of

P1-K. Jayaraman (Died), J.Vijayalakshmi v. The General Manager

2023-06-06Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.Jayaraman (Died) 1.J.Vijayalakshmi 2.J.Madhanmohan 3.J.Eswari 4.J.Mahalakshmi 5.J.Manjula Devi ... Petitioners vs.

The General Manager, Tamil Nadu State Transport Corporation Limited, Kumbakonam Limited, Trichy Region, Near Collector Office, Periya Milaguparai, Trichy-1.

... Respondent (P1 to P5 are substituted for the deceased sole petitioner, vide Court order, dated 06.03.2017, in W.M.P.(MD)No.2728 of 2017) 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to settle the professional/legal charges of Rs.1,35,000/- with 24% interest per annum to the petitioner from 23.01.2012 till the date of payment. For Petitioners : No appearance For Respondent : Mr.D.Sivaraman *****

O R D E R

The petitioner has served as Standing Counsel for TNSTC. 2.The contention of the petitioner is that the respondent has not paid legal fees which he is entitled to for the service rendered to the respondent.

3. The learned Standing Counsel appearing for the respondent submitted that for Trichy Division, the petitioner has claimed for 27 2/5

cases. However, the fees for 22 cases were paid as per the rates stated in the G.O., which was prevailing during that time. The balance alone was not paid. Pending writ petition, the petitioner died.

4. Therefore, this Court is of the considered opinion that the respondent has paid for 22 cases and the prayer in the writ petition is partly granted by the respondent.

5. The respondent Corporation submitted that they do not have evidence for the balance cases. Moreover, they do not have the copy of the bill which the petitioner is claiming. If the legal heirs are able to produce any evidence to that effect, the same may be submitted and a claim shall be made against the respondent. If they have the copy of the bill, the legal heirs are at liberty to submit the same. 3/5

6. With the above said liberty, the writ petition is disposed of. No costs.

Index : Yes / No 06.06.2023 Internet : Yes (1/5) NCC : Yes / No Tmg 4/5

S.SRIMATHY, J Tmg 06.06.2023 (1/5) 5/5