ORDER :

Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus calling for the records comprised in G.O.(D)No.182, HW and MP (HF2) Department 21.12.2021 and to quash the same and consequently direct the respondents to pay a sum of Rs.3,94,47,680/- together with interest at the rate of 12 percent for the period beyond six months of final fee bill dated 06.02.2018 i.e. From 06.08.2018 till the date of payment after deducting Rs.5,00,000/- already paid and received under protest.

(Prayer amended vide order dated 27.9.2022 in WMP No.23068/2022)

Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus calling for the records comprised in G.O.(D)No.29, Highways and Minor Ports (HV2) Department dated 01.02.2021 as passed by the Principal Secretary to Government Highways and Minor Ports (HV2) Department/R3 and to quash the same consequently directing the respondents 1 to 5 to sanction and pay my professional fees of Rs.11,73,750 as claimed in my fee bill dated 12.03.2018 together with interest at 12 percent p.a. Thereon for the period beyond 6 months from the date of my fee bill dated 12.09.2018 till the date of payment by fixing out time limit for such payment.

(Prayer amended vide order dated 25.11.2022 in WMP No.7340/2021)

Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus directing the respondents to pay the professional fees as claimed in fee bill dated 12.03.2018 for Rs.45,43,868.75 np together with interest @ 12% p.a. With effect from 12.09.2018 till the date of payment by fixing the outer limit of time for making such payment.

All these writ petitions have been filed by the petitioner, Mr. V. Ayyadurai, a Senior Advocate of this Court who was also formal Additional Advocate General. Originally in the nature of a mandamus seeking a direction against the respondents to pay his final fee bill as raised in the three writ petitions.

2. The Government had passed G.O.Ms. No. 339/Public (Law Officers) Department dated 08.05.2018, wherein the fees for the Law Officers appearing before Arbitrators/Arbitral Tribunal and High of Madras both at Principal Seat and Madurai Bench and in other original side matters had been determined.

3. Consequent to the introduction of this Government Order, further Government Orders had been passed fixing the fees of the petitioner, and the relief sought in the writ petitions had been amended from a writ of mandamus to a writ of certiorari mandamus.

4. In W.P.No. 19905 of 2020, the writ petitioner had sought interference with G.O.(D).No.182, Highways and Minor Ports (HF2) Department dated 21.12.2021, by which in accordance with the aforementioned G.O.Ms.No. 339, the fees of the petitioner was determined.

5. In W.P.No. 20129 of 2020, the petitioner had sought to quash G.O.(D) No. 29 Highways and Minor Ports (HV2) Department dated 01.02.2021 by which the fees of the petitioner had been determined.

6. In W.P.No. 19905 of 2020, the petitioner had appeared on behalf of the Highways and Minor Ports (HV2) Department in an arbitration case where the claim was Rs. 616,66,83,700/-. The petitioner had appeared up to the stage of filing proof affidavit of R.W.1. He had raised a fee bill of 25 % out of 1% of the claim of the contractor namely Rs. 1,54,09,250/-.

7. On 08.05.2018, the Government had passed G.O.Ms.No. 339 by fixing the fee structure in case of pending arbitration cases, civil suits and other original side matters.

8. On 23.07.2019, G.O.(Ms) 486 Public (L.O) Department was passed wherein the expression 'award/decree' was amended to 'value of suit'.

9. W.P.No. 20129 of 2020:

i) The petitioner had appeared in an arbitration claim for a value of Rs.15,64,98,528/- till the closing of evidence. He had claimed a bill of 75 % out of 1 % of the claim of the contractor amounting to Rs.11,73,750/-.

ii) Thereafter, G.O.(D) 2