G. Subbammal vs The Registrar (Judicial)

V. Dhanapalan, J.—Heard Mr.S.Anwar Sameem, learned counsel for the petitioner and Mr.D.Venkatesh, learned counsel for the respondent.

This writ petition has been filed by the petitioner, praying for a direction to the respondent to forthwith disburse the interest accrued on the deposit made with him to the petitioner, pursuant to the order in Contempt Petition (MD)No. 231 of 2008.

The facts necessary for the disposal of this writ petition are as follows:

(a) The petitioner earlier filed W.P.(MD)No. 835 of 2008, challenging the demolition notice, dated 14.01.2008, issued by the Commissioner, Karur Municipality, alleging that she has constructed a house by encroaching the land belonging to the Municipality. On the submission made by the learned counsel for the petitioner, a Division Bench of this Court disposed of the said writ petition, by order dated 01.02.2008, directing the petitioner to treat the said notice as show cause notice and to submit her explanation within a period of four weeks and further directing the Commissioner, Karur Municipality, to consider the explanation and to pass orders on merits and in accordance with law. The Division Bench further directed the Municipality not to disturb the petitioner''s possession, till then.

(b) However, alleging that inspite of the order of this Court, dated 01.02.2008, the Municipality has demolished her house on 04.02.2008, the petitioner filed a Contempt Petition in Cont.P.(MD)No. 231 of 2008. This Court, taking note of the said demolition and after having satisfied with the report filed by the petitioner, drawn by a qualified Engineer, showing the estimated damage caused to her house was to an extent of Rs. 7,00,000/-, by order dated 28.08.2008, directed the contemnor to deposit a sum of Rs. 3,50,000/-, within a period of two weeks from 28.08.2008 and also permitted the petitioner to withdraw the said amount, on such deposit, pending disposal of the contempt petition. The Special Leave to Appeal (Civil) No. 23801 of 2008, filed by the Municipality challenging the order of this Court dated 28.08.2008, was dismissed by the Supreme Court on 13.10.2008.

(c) On 04.12.2008, when the learned counsel for the Municipality submitted that he was ready with a demand draft for Rs. 3,50,000/-, this Court directed the Contemnor to deposit the amount to the credit of Contempt Petition (MD)No. 231 of 2008 before the Registrar(Judicial), however, with a modified direction that the said amount should be kept in deposit till the disposal of the contempt petition. Accordingly, the deposit of the amount was made before the Registry.

(d) Upon hearing the counsel for the parties, this Court finally allowed the contempt petition, on 06.06.2013, as under:

"18. As the respondent has violated the order on the above facts and circumstances of the case, the petitioner is entitled to get a sum of Rs. 3,50,000/- (Rupees Three Lakhs and Fifty Thousand only) as compensation, which was already ascertained and deposit by the contemnor together with accrued interest, if any. Necessary application is directed to be filed by the petitioner before the Registrar (Judicial) for withdrawal."

(e) Thereafter, according to the petitioner, when she moved an application before the respondent herein for withdrawal of the deposited amount, together with accrued interest, the respondent disbursed only a sum of Rs. 3,50,000/- by way of D.D.No. 949753, dated 10.07.2013. It is the grievance of the petitioner that interest amount has not been disbursed, inspite of the demand notice issued by her. With the above grievance, the petitioner is before this Court with this writ petition for the aforesaid relief.

In the counter affidavit filed by the respondent, apart from setting out the facts which led to the deposit of a sum of Rs. 3,50,000/- with him, in paragraphs 9, 10 and 11, it is stated as follows:

"9. It is submitted that as per the direction of the Hon''ble Court made in order dated 04-12-2008 the said sum of Rs. 3,50,000/- was deposited in the Civil Court Deposits (CCD) Account of the Registrar (Administration), Madurai Bench of Madras High Court on 05-12-2008 and the same is lying at State Bank of India, Othakadai Branch in the credit of Sub PAO, Madurai Bench of Madras High Court. On 06-6-2013 this Hon''ble Court was pleaded to permit the petitioner to withdraw the above said amount as compensation together with accrued interest, if any. After filing of application by the petitioner a cheque bearing No. 949753 dt 10-7-2013 came to be issued in the name of the petitioner for the above said sum. It is submitted that there was no specific direction as to the nature of deposit to be made nor did the petitioner request the court to make the deposit in a particular manner. Therefore the respondent strictly complied with the directions of the Hon''ble Division Bench.

It is submitted that now the present Writ Petition has been filed by the petitioner claiming interest for the above said amount. It would be pertinent to point out here that under the classification of Heads of Account contained in "Tamil Nadu Account Code Volume - I" and the further classification of Minor Heads authorised by CAG under the relevant head, the Civil Deposits made under the Account code of 8443 does not bear interest. Therefore, the above sum of Rs. 3,50,000/- which was deposited on 05-12-2008 under the above CCD Account would not fetch any interest and therefore the claim of the petitioner is totally a misconstrued one. Even, in the order dated 06-6-2013 this Hon''ble court was pleaded to specifically stated in the operative portion of the order thus "the petitioner is entitled to get a sum of Rs. 3,50,000/- as compensation, which was already ascertained and deposited by the contemnor together with accrued interest, if any. Hence there was no direction issued to pay interest and the prayer sought for is not feasible of compliance.

It is submitted that as per the general principles and Methods of Accounts contained in the Tamil Nadu Account code Volume-I, the amount deposited in the CCD Account of the Registrar (Administration), Madurai Bench of Madras High court, earns no interest and therefore, the question of disbursing the interest for the above Principal sum of Rs. 3,50,000/- does not arise. Hence the above writ petition has to be dismissed for devoid of merits and the present stand of the petitioner is a clear after thought, after having received the amount, pursuant to the direction issued. Hence the claim for interest at the hands of respondent is wholly unjustified and also unsustainable in law as the respondent implemented the order passed by the Hon''ble court."

In the light of the counter filed by the respondent, as the specification and classification of Heads of Account of the State/authorities concerned under the Tamil Nadu Account Code Volume- I and the classification of Minor Heads authorised by CAG under the relevant head, Civil Court Deposits made under Account Code 8443 does not fetch interest. If that could be the position, in the absence of any direction to deposit the amount in any interest bearing account, the respondent is not bound to pay any interest to an amount deposited in CCD Account, as per the court''s direction and therefore, the claim of the petitioner deserves no merit consideration. The writ petition is, accordingly, dismissed. No. costs.