S,Balashanmugam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8886 of 2018 S.Balashanmugam ... Petitioner vs.

1. The District Collector District Magistrate Madurai

2. The Commissioner of Police Madurai City, Madurai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to disburse a sum of Rs.5,75,000/- towards the petitioner's fee bill for the period from September, 2013 to December 2015, within a stipulated time.

For Petitioner :

Mr.A.Rahul For Respondents :

Mr.V.Anand Government Advocate

O R D E R

Mr.V.Anand, learned Government Advocate, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that his fee bill for his service rendered as a Special Public Prosecutor-I in the III Additional District and Sessions Court (P.C.R.Act Cases), Madurai, for the period between 2011 and December 2017, has not been disbursed till date and therefore, he has filed the present writ petition.

4. Today, when the matter was taken up for hearing, the learned Government Advocate, on instructions, submitted that by the proceedings of the Deputy Commissioner of Police, Traffic, Madurai City, dated 01.03.2018, the District Collector, Madurai, https://hcservices.ecourts.gov.in/hcservices/

District, had sanctioned a sum of Rs.5,75,000/- (Rupees five lakhs seventy five thousand only) payable to the petitioner herein, for the period from September, 2013 and December, 2013, out of which, a sum of Rs.80,000/- has already been paid to the petitioner. In support of his contentions, the learned Government Advocate has also produced a copy of the bill from the Administrative Officer (Accounts), Madurai City for the month of March, 2018 as well as the proceedings, dated 01.03.2018, sanctioning the petitioner's fee bill.

5. The learned counsel for the petitioner submitted that the petitioner has suffered a stroke and he is in imminent need of the funds. Since the funds have already been sanctioned, there would not be any impediment for the first respondent to disburse the same. In view of the medical condition of the petitioner and also taking into account the fact that the fee bill is pending from September, 2013, it would be appropriate that the same is disbursed expeditiously.

6. In the light of the above observations, there shall be a direction to the first respondent to disburse the petitioner's fee bill for the period from September, 2013 to December, 2015, after deducting the payments already made. Such an exercise shall be done, within a period of two weeks from the date of receipt of a copy of this order.

7. With the above observations, the writ petition stands allowed. No costs.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, District Magistrate, Madurai.

2. The Commissioner of Police, Madurai City, Madurai.

+ 1 CC TO Mr.A.RAHUL, ADVOCATE IN SR No. 63132 KRK TE/KKR/SAR-1 : 10/05/2018 : 2P/4C W.P.(MD) No.8886 of 2018 23.04.2018 https://hcservices.ecourts.gov.in/hcservices/