Madras High Court
M.C. Swamy vs M.R. Santhanam on 5 August, 2021
Author: R. Mahadevan
Bench: R. Mahadevan
Cont.P. No. 971 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.08.2021
Coram :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
Contempt Petition No. 971 of 2009
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M.C. Swamy .. Petitioner
Versus
1. M.R. Santhanam
Secretary to Government
Highways Department
Fort St. George
Chennai - 600 009
2. E.R. Balaji
The Chief Engineer (General)
Highways Department
Chepauk, Chennai - 600 005 .. Respondents
Contempt Petition filed under Section 11 of The Contempt of Courts Act,
1971 praying to issue summons to the respondents herein and punish them for
their wilful disobedience of the order of this Court dated 09.04.2008 passed in
WP No. 5635 of 2007.
For Petitioner : Mr. C. Senthilnathan
For Respondents : Mr. Stalin Abhimanyu
Government Counsel
ORDER
This contempt petition is filed by the petitioner complaining non- compliance of the order dated 09.04.2008 passed in WP No. 5635 of 2007. http://www.judis.nic.in 1/4 Cont.P. No. 971 of 2009 By the said order dated 09.04.2008, this Court while allowing the writ petition filed by the petitioner herein directed the respondents to scrutinise the fee bills produced by the petitioner on 30.12.2003, 12.03.2002 and 26.04.2000 and sanction the eligible amount within a period of four weeks, with interest of 12%, after an expiry of six months from the date of receipt of the fee bills. For the amount already paid or sanctioned, the respondents are also liable to pay interest at the rate of 12% after the expiry of six months from the date of submission of the fee bills, till the actual payment is made. The said amount is to be calculated by the concerned Department of the Government and the same is directed to be paid within a period of six weeks from the date of receipt of a copy of the order.
2. It is evident that the petitioner herein was appointed as a Special Government Pleader by the Government to prosecute/defend the cases on their behalf, in which post, the petitioner continued upto 27.07.2004. After the relinquishment of the post on 27.07.2004, the petitioner claimed the legal fee payable to him, but it was not forthcoming. The petitioner therefore filed WP No. 41842 of 2006 before this Court. By order dated 22.12.2006, this Court directed the first respondent to pay the fee to the petitioner as per Rules, with 12% simple interest till the date of payment. Inspite of the direction issued in http://www.judis.nic.in 2/4 Cont.P. No. 971 of 2009 the earlier writ petition, the amount payable to the petitioner has not been paid, therefore, he has filed the present writ petition for a Mandamus directing the respondent's to disburse the petitioner's professional fees in compliance of the order made in WP No. 41842 of 2006 dated 22.12.2006.
3. When the Contempt Petition is taken up for hearing, the learned Government Counsel produced a copy of the order in G.O. (D) No.229, Highways and Minor Ports Department dated 10.12.2009 sanctioning a sum of Rs.3,58,802 to the petitioner towards interest at 12% per annum for the bills already paid to him. The learned counsel for the petitioner also confirmed the receipt of payment as per the aforesaid order passed by the Government.
4. In the light of the above, no further order is required in this contempt petition. The Contempt Petition is therefore closed. No costs.
05-08-2021 rsh http://www.judis.nic.in 3/4 Cont.P. No. 971 of 2009 R. MAHADEVAN, J rsh Cont.P No. 971 of 2009 05-08-2021 http://www.judis.nic.in 4/4