S. Pachainayaki v. State rep. by the Secretary, (Home Department) Fort St. George
2008-06-30
A.KULASEKARAN
body2008
DigiLaw.ai
Judgment : By consent of the learned counsel on either side, this Writ Petition is taken up for final disposal. 2. Heard both sides. 3. The prayer in the writ petition is for a mandamus directing the fifth respondent to disburse the contractual rate of interest as per Bankers calculation along with the principal amount of the petitioners deposit amount. 4. The petitioner has not produced any evidence to show what is the contractual rate of interest or the bankers calculation. There is an intimation dated 27.03.2008 received from the Collector stating that the amount payable to the petitioner and similarly placed persons will be paid along with interest for 10 years at the rate of 9% per annum. In the said communication it is also found mentioned that the said disbursement is subject to the result of the case pending before the Honble Supreme Court. It is also seen from the records that the petitioner has sent a representation to the District Collector seeking higher rate of interest. Now, the writ petition is filed to direct the respondents to pay higher rate of interest. This Court, at this stage, not in a position to grant any relief to the petitioner as prayed for since the disbursement itself is admittedly subject to the result of the case before the Honble Supreme Court. As pointed out already, the petitioner has already sent his objections to the District Collector. So the further payment if any can be considered by the said authority in accordance with law after receipt of the final order from the honourable Supreme Court. It is made clear that if the petitioner is not satisfied with the amount disbursed by the respondents, it is open to her to receive it under protest, if she is so advised. 5. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.