R.Villavankothai vs The Managing Director
2023 Latest Caselaw 8992 Mad

                                                                         W.A.No.1213 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:   25.07.2023

                                                    CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                       AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                              W.A.No.1213 of 2023

                     R.Villavankothai                               ..    Appellant

                                                       Vs.

                     1. The Managing Director
                        Tamil Nadu Water Supply and Drainage Board
                        No.31, Kamarajar Road
                        Chepauk
                        Chennai 600 005.

                     2. The Executive Engineer
                        Maintenance Division
                        Tamil Nadu Water Supply and Drainage Board
                        No.56D, Rajaji Nagar
                        Ariyalur 621 713.                        ..       Respondents


                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the

                     order dated 08.02.2023 in W.P.No.34017 of 2022.




                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                              W.A.No.1213 of 2023




                                      For the Appellant       : Ms.M.E.Rani Selvam

                                      For the Respondents     : Mr.S.Silambanan
                                                                Additional Advocate General
                                                                Assisted by
                                                                Mrs.Shahila Bhanu


                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

Heard Ms.M.E.Rani Selvam, learned counsel for the appellant

and Mr.S.Silambanan, learned Additional Advocate General, assisted

by Mrs.Shahila Bhani, learned counsel for the respondents.

2. The appellant has filed a writ petition bearing No.34017 of

2022. The learned Single Judge, under order dated 08.02.2023,

directed the respondents to pay the appropriate amount to the

appellant on or before 28.03.2023. The respondent paid an amount

of Rs.4,92,000/- on 09.03.2023. The appellant now claims interest

over the said amount.

https://www.mhc.tn.gov.in/judis W.A.No.1213 of 2023

3. It is not disputed that the amount of Rs.4,92,000/- was

payable to the appellant on or about September 2012. The same

has been paid in March 2023.

4. The appellant has been deprived of the use and enjoyment

of the said amount for almost ten years.

5. Considering the fact that the appellant has been deprived of

the use and enjoyment of the legitimate amount, the appellant is

entitled to interest by way of damages.

6. In the light of the above, the respondents shall pay interest

at the rate of 7% per annum (simple interest) on Rs.4,92,000/- for

the period from 01.01.2013 to 28.02.2023. The said interest

amount shall be calculated and paid to the appellant preferably

within four months from the date of receipt of a copy of this order.

https://www.mhc.tn.gov.in/judis W.A.No.1213 of 2023

The writ appeal, accordingly, stands allowed. There will be no

order as to costs.

                                                             (S.V.G., CJ.)            (P.D.A., J.)
                                                                                     25.07.2023

                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     kpl




                     To

                     1. The Managing Director

Tamil Nadu Water Supply and Drainage Board No.31, Kamarajar Road Chepauk Chennai 600 005.

2. The Executive Engineer Maintenance Division Tamil Nadu Water Supply and Drainage Board No.56D, Rajaji Nagar Ariyalur 621 713.

https://www.mhc.tn.gov.in/judis W.A.No.1213 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl)

W.A.No.1213 of 2023

25.07.2023

https://www.mhc.tn.gov.in/judis