Ramaiyah, v. T He Director Of Backward

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Ramaiyah ... Petitioner Vs.

1.The Director of Backward Community, Welfare Department, Chepauk, Chennai-5.

2.The District Collector, Trichy Collector Office, 3.The District Backward Community Welfare Officer, Backward Community Welfare Department, Collector Campus, 4.The Principal, Arignar Anna Government Arts College, Musiri, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st and 2nd respondents to take necessary action against the 3rd and 4th respondents for their 1/4

illegal act of swindling the amount which was sanctioned by the Government towards rent for hostel, consequently direct the Respondents to pay the entire due amount on the basis of the petitioner s representation dated 27.08.2015 within the time frame fixed by this Court.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The writ petitioner had leased out his building in favour of the third respondent on 09.09.2012. The third respondent was in occupation of the same till 07.03.2017. As per the lease agreement, the monthly rent payable was Rs.12,800/- . The department was a lessee under the petitioner for 54 months. The total lease amount payable is Rs.6,90,237/-. After making deduction of tax at source, a sum of Rs.5,83,595/- had been paid.

3. From a broad reading, I am satisfied that the petitioner's dues have been substantially settled. However, I am satisfied that the 2/4

respondents are liable to pay interest to the petitioner for the belated payment of the rent. For instance, the rent for the period from 2012 to 2015 had been paid only in December 2015. Obviously, the petitioner is entitled to interest. The respondents are directed to compute interest payable to the petitioner at the rate of 6% per annum and pay the same to him within a period of eight weeks from the date of receipt of a copy of this order.

4. The Writ Petition is allowed to this extent alone. No costs. 24.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The Director of Backward Community, Welfare Department, Chepauk, Chennai-5.

2.The District Collector, Trichy Collector Office, 3/4

G.R.SWAMINATHAN, J.

rmi 3.The District Backward Community Welfare Officer, Backward Community Welfare Department, Collector Campus, 4.The Principal, Arignar Anna Government Arts College, Musiri, Trichy District.

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