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Madras High CourtWA(MD)/412/2017dismissed

The Joint Director Of v. Tmt. S. Vasantha

2017-04-19Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.(MD) No.412 of 2017 & C.M.P.(MD).No.3722 of 2017 1.The Joint Director of Agriculture, O/o.Joint Director of Agriculture, Office Building, Lathams Bunglow Road, Ramanathapuram.

2.The Assistant Director of Agriculture, O/o.Assistant Director of Agriculture, Office Building, Lathams Bunglow Road, Ramanathapuram.

... Appellants/Respondents 1 & 2 Vs.

1.Tmt.S.Vasantha 2.The Block Development Officer, Mandapam Panchayat Union, Uchipuli (P.O.)., Ramanathapuram.

... Respondent/ 3rd Respondent PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent Act to allow the writ appeal by setting aside the order made in W.P. (MD).No.16047 of 2015, dated 23.02.2017 on the file of this Court. Prayer in WP(MD). 16047/ 2015 :

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to pay the withheld amount of Rs.99,934/- as per the order passed by The Account General(A&E) on 18.12.2014 bearing ES2/11862/2014 and consequently direct the respondents to pay 15% interest for the withheld amount from 31.01.2002 till the date of release with the stipulated time fixed by this Court. For Appellants : Mr.V.Muruganantham Additional Government Pleader

JUDGMENT

[Judgment of the Court was delivered by T.S.SIVAGNANAM,J] Heard Mr.V.Muruganantham, learned Additional Government https://hcservices.ecourts.gov.in/hcservices/

Pleader, for the appellants.

2. This appeal is directed against the order dated 23.02.2017 in W.P.(MD).No.16047 of 2015. The first respondent filed the said writ petition to direct payment of interest on the withheld amount.

3. The learned Single Judge after analysing the period of delay in settling the dues, ordered nominal interest at the rate of 10% per annum. Furthermore, the decision of the Hon'ble Supreme Court in Central Co-operative Consumers' Store Ltd., Vs. Labour Court, H.P. at Shimla and Another reported in (AIR 1994 SC 23) and the case in A.Sachindanandam, Macneil and Magor Kilburn Group Companies Employees' Union, Chennai Vs. S.Srininvasan and Others, reported in (2011 (5) LLN 696 (DB) (Mad) were relied on, while disposing the writ petition with the said direction.

4. Thus, we find no good grounds to interfere with the order passed in the writ petition. Accordingly the writ appeal fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To 1.The Joint Director of Agriculture, Office Building, Lathams Bunglow Road, Ramanathapuram.

2.The Assistant Director of Agriculture, Office Building, Lathams Bunglow Road, Ramanathapuram.

3.The Block Development Officer, Mandapam Panchayat Union, Uchipuli (P.O.)., Ramanathapuram.

+1 CC to Mr.THE SPECIAL GOVERNMENT PLEADER, SR No. 53161 JIKR PSM/SKN/03.05.2017/2P/5C W.A.(MD) No.412 of 2017 & C.M.P.(MD).No.3722 of 2017 19.04.2017 https://hcservices.ecourts.gov.in/hcservices/