Madras High Court
B. Annamalai vs The District Collector on 18 August, 2021
WP No.14164 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2021
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
W.P. No. 14164 of 2021
B. Annamalai
Ex-Government Pleader,
Pleader doing Government work,
Principal District Munsif Court &
Addl. District Munsif Court, Vellore .. Petitioner
Versus
The District Collector
Sathuvachari
Vellore District
Vellore-9. ..
Respondent
Petition filed under Article 226 of the Constitution of India, praying for
issuance of a Writ of Mandamus to direct the respondent to pay the
professional fee of Rs.14,22,000 due and payable to the petitioner along with
accrued interest @ 12% per annum in pursuant to his engagement as
Government Pleader in Principal District Munsif Court, Vellore and Additional
District Munsif Court, Vellore within a stipulated time.
For Petitioner : Mr. T.P. Prabakaran
For Respondent : Mr. Stalin Abhimanyu
Government Counsel
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WP No.14164 of 2021
ORDER
The prayer made in this writ petition is to issue a Writ of Mandamus
directing the respondent to pay the professional fee due and payable to the
petitioner, along with accrued interest, pursuant to his engagement as
Government Pleader in Principal District Munsif Court, Vellore and Additional
District Munsif Court, Vellore within a stipulated time.
2. According to the petitioner, he was appointed as Government
Pleader/Pleader for contesting or defending the cases filed against the
Government before the District Munsif Court, Vellore, vide GO(D) No.846
Home (Cts.VIA) Department dated 29.08.2011. On the basis of such
appointment, the petitioner took charge of the post on 7.9.2011 and appeared
on behalf of the Government in 237 original suits, which were disposed of.
The petitioner therefore submitted his application claiming professional fees for
each and every case in which he has appeared after those cases were disposed
of by the Court by duly enclosing the copy of the judgment and decree passed
by the trial Court in accordance with the guidelines issued by the Government
in GO(Ms) No.373 Home (COURTS.I) Department dated 9.3.1995 and
GO(Ms) No.36 Home (COURTS.VIA) Department dated 12.01.2011.
3. The grievance of the petitioner is that though he has promptly and
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WP No.14164 of 2021
regularly sending the claim applications separately for each and every case in
which he has entered appearance on behalf of the Government, the respondent
has not disbursed the professional fee claimed thereof. The petitioner also
sent letters dated 8.6.2017 , 23.6.2017 claiming professional fee @ Rs.6000/-
per case for 147 cases to the tune of Rs.14,22,000/-, but those letters have
failed to invoke any response from the respondent. Therefore, the petitioner
was constrained to send a legal notice dated 11.5.2021 calling upon the
respondent to pay fee, but the respondent has not initiated any action towards
settling the same.
4. Heard the learned counsel appearing for the petitioner as well as
the learned counsel appearing for the respondent.
5. Having regard to the submissions made on either side, the
respondent is directed to consider the claim of the petitioner, based on his
claim letters dated 8.6.2017 and 23.06.2017 and pass orders thereon on merits
and in accordance with law, within a period of six weeks from the date of
receipt of a copy of this order.
6. With the above direction, the Writ Petition is disposed of. No
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WP No.14164 of 2021
costs.
18.08.2021
Index : Yes/No
Internet : Yes/No
msr
To
The District Collector,
Sathuvachari,
Vellore District,
Vellore-9.
R. MAHADEVAN, J
http://www.judis.nic.in
WP No.14164 of 2021
msr/rsh
WP No. 14164 of 2021
18.08.2021
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