N.Chandran, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2018

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.[MD]No.18642 of 2017 N.Chandran : Petitioner Vs.

1. The Commissioner, Madurai Corporation, Madurai.

2. The Law Officer, Madurai Corporation, Madurai.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to disburse the monthly retainer fees for the months from 01.01.2015 to 15.06.2016 (5000 X 18 = 90,000) and the Vakalath Fees Rs.19,000/- totally Rs.1,09,000/- (Rupees One Lakh Nine Thousand only) to the petitioner for petitioner's served as the Standing Counsel.

For Petitioner : Mr.K.Sivaranjani For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

************* The writ petition has been filed directing the respondent Corporation to disburse the monthly retainer fees for the months from 01.01.2015 to 15.06.2016 plus vakalat fees in all totally Rs.1,09,000/- (Rupees One Lakh Nine Thousand only) in regard to the professional service rendered by the petitioner as Standing Counsel.

2.In response to the writ petition, counter affidavit has been filed by the respondent Corporation, in which it is admitted that the petitioner is not entitled to the amount as claimed by him but he is entitled to only at the rate of Rs.5,000/- as monthly retainer fees and the retainer fee was due only for the months from March 2015 to May 2016. However, it is admitted in the counter affidavit that the retainer fee for the said months have not been paid.

3.In view of the specific admission by the respondent Corporation in regard to certain amounts as mentioned in the counter affidavit, there shall be a direction to the respondent Corporation to settle the acknowledged amount as due to the https://hcservices.ecourts.gov.in/hcservices/

petitioner within a period of two [2] weeks from the date of receipt of a copy of this order.

4.In case, the petitioner is not satisfied with the amount settled towards the retainer fees, it is always open to the petitioner to submit a representation to the Corporation and if such representation is made, the respondent Corporation is directed to consider the said representation as expeditiously as possible and not later than four [4] weeks thereafter. 5.The Writ Petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Commissioner, Madurai Corporation, Madurai.

2. The Law Officer, Madurai Corporation, Madurai.

+1cc to Mr.K.Sivaranjani, Advocate Sr.No.84026 +1cc to Mr.T.S.Mohammed Mohideen, Advocate Sr.No.84027 MR VB/SV/SAR1/03.10.2018/2P/5C ORDER MADE IN W.P.[MD]No.18642 of 2017 12.09.2018 https://hcservices.ecourts.gov.in/hcservices/