Allowed

R.Villavankothai v. the Managing Director

Madras HC25 Jul 2023WA/1213/2023

Case brief

AI extract

What is this about?

Appellant appealed an order directing payment of a sum and interest. The court held that since the respondent paid the principal amount nearly ten years late, the appellant is entitled to simple interest at 7% per annum for the delay period.

What did the court decide?

Respondents directed to pay simple interest at the rate of 7% per annum on Rs.4,92,000 for the period from 01.01.2013 to 28.02.2023.

R.Villavankothai Vs the Managing Director — Pension and Retirement Benefits | Madras HC (2023)

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W.A.No.1213 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.07.2023

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CORAM

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

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

W.A.No.1213 of 2023

R.Villavankothai

.. Appellant Vs.

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

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The Executive Engineer Maintenance Division

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Tamil Nadu Water Supply and Drainage Board No.56D, Rajaji Nagar Ariyalur 621 713. ..

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Respondents

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

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

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Page 1 of 5

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

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W.A.No.1213 of 2023

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For the Appellant : Ms.M.E.Rani Selvam For the Respondents : Mr.S.Silambanan Additional Advocate General Assisted by Mrs.Shahila Bhanu

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JUDGMENT

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(Delivered by the Hon'ble Chief Justice)

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Heard Ms.M.E.Rani Selvam, learned counsel for the appellant and Mr.S.Silambanan, learned Additional Advocate General, assisted

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

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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.

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Page 2 of 5

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

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W.A.No.1213 of 2023

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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.

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The appellant has been deprived of the use and enjoyment of the said amount for almost ten years.

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Considering the fact that the appellant has been deprived of

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the use and enjoyment of the legitimate amount, the appellant is entitled to interest by way of damages.

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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.

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Page 3 of 5

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

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W.A.No.1213 of 2023

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

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order as to costs.

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

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25.07.2023 Index : Yes/No Neutral Citation : Yes/No

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kpl

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

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

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Page 4 of 5

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

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W.A.No.1213 of 2023

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

(kpl)

W.A.No.1213 of 2023

25.07.2023

Page 5 of 5

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

R.Villavankothai v. the Managing Director

Case brief

What is this about?

What did the court decide?

R.Villavankothai v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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