T. Thulasee Ayyah, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated 18.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.46 of 2013 T.Thulasee Ayyah ... Petitioner Vs.
1.The State of Tamil Nadu Represented by its Secretary to Government Home Department (Courts) Secretariat Chepauk, Chennai.
2.The Defence Estate Officer, Defence Estate Office, Chennai Circle, Chennai.
3.The District Collector, Collectorate, Thanjavur 4.The Revenue Divisional Officer, Revenue Divisional Officer, Thanjavur.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 2 and 3 to disburse the fees due to the petitioner for having conducted cases being a fee of Rs.18,97,421/- (Rupees Eighteen Lakhs Ninety Seven thousand four hundred and twenty one only) with 12% interests from the date the same became due till the date of payment of the amount.
For Petitioner : Mr.R.Swaminathan For Respondents : Mr.K.P.Krishnadoss, Special Government Pleader for R1,R3 & R4 Ms.L.Victoria Gowri for R2 Assistant Solicitor General
O R D E R
The writ petition has been filed for a direction to the respondents 2 and 3 to disburse the fees due to the petitioner for having conducted cases being a fee of Rs.18,97,421/- (Rupees Eighteen Lakhs Ninety Seven thousand four hundred and twenty one only) with 12% interests from the date the same became due till the date of payment of the amount.
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2. It is the case of the petitioner that the petitioner was appointed as Additional Government Pleader for Land Acquisition Cases (Thanjavur) vide G.O.861 dated 01.09.2006 for the period 06.09.2006 to 20.06.2011. His case is that though the petitioner is entitled to the fees for the cases appeared/conducted by him, the fee has not yet been paid to him. Hence, he is before this Court with this writ petition.
3. The petitioner has given the details of the fees claimed and due in the typed set of papers.
4. According to the learned Assistant Solicitor General appearing for the second respondent, the fee claimed is exorbitant. 5.However, the learned counsel for the petitioner submits that they can scrutinize the record and pay the fee as per the guidelines framed for the disbursement of fee and also as per the decision of this Court in L.Jayakumar v. Central Bank of India in W.P.NO.17177/2011 dated 01.10.2014.
6.Taking note of the submission made and the petitioner being a professional shall not be made to run from pillar to post, the second respondent will have to take into consideration the services rendered by him and pay the eligible fees.
7.With this direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(Records) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:
1.The Secretary to Government State of Tamil Nadu Home Department (Courts) Secretariat Chepauk, Chennai.
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2.The Defence Estate Officer, Defence Estate Office, Chennai Circle, Chennai.
3.The District Collector, Collectorate, Thanjavur 4.The Revenue Divisional Officer, Revenue Divisional Officer, Thanjavur.
+1 CC to Mr.R.Swaminathan, Advocate SR.No. 26310 +1 CC to Mr. Special Government Pleader, SR.No. 26728 Order made in W.P.(MD)No.46 of 2013 Dated: 18.12.2020 kmk(CO) TR(07.01.2021) 3P 7C 3/3