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Madras High CourtWP(MD)/5420/2017allowed

D. Krishna Prasath v. The Addl. Secretary

2018-03-28Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5420 of 2017 D.Krishna Prasath ... Petitioner Vs.

1.The Additional Secretary to Government Home (Courts VI-A) Department Government of Tamil Nadu, Fort St.George, Chennai 600 009.

2.The District Collector, Theni District, Theni.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to disburse the pay and retainer fee of petitioner to the tune of Rs.10,07,000/- (Rupees ten lakhs seven thousand only) as Additional Public Prosecutor for Special Court for Land Grabbing Act cases from January 2014 to February 2017.

For Petitioner :

Mr.K.Appadurai For Respondents :

Mr.M.Jeyakumar Additional Government Pleader

ORDER

The writ petitioner was appointed as Additional Public Prosecutor in the Special Court constituted for Land Grabbing Cases in Theni District in January 2014. He worked in the said capacity till December 2017. His contention is that he has not been paid any remuneration for the professional services rendered by him. In this regard, the petitioner has given more than one representation. The relevant materials are enclosed in the typed set of papers. 2.The grievance of the petitioner is that he has not been paid a single paisa for his services. It is seen that the first respondent has already written to the second respondent asking him to take action to settle the writ petitioner's claim early. This communication was sent as early as on 16.09.2015. Since no fruitful results are forthcoming, the petitioner has filed the present writ petition.

https://hcservices.ecourts.gov.in/hcservices/ 3.The second respondent is therefore directed to quantify the fee payable to the writ petitioner in accordance with norms and

settle the same within a period of four weeks from the date of receipt of a copy of this order. If there is any dispute regarding the quantum finalized by the second respondent, it is open to the petitioner to receive the same without prejudice to his right and agitate his claim.

4.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Additional Secretary to Government Home (Courts VI-A) Department Government of Tamil Nadu, Fort St.George, Chennai 600 009.

2.The District Collector, Theni District, Theni.

+1cc to Mr.K.Appadurai, Advocate, SR.No.58818. +1cc to Special Government Pleader, SR.No.59458. W.P.(MD)No.5420 of 2017 28.03.2018 rmi RAM/SV MMS/SAR 1/25.06.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/