Case Law Details
V.Ayyadurai Vs State of Tamil Nadu (Madras High Court)
Madras High Court held that Government Order No. 339/Public (Law Officers) fixing fees for the law officers is extremely irrational. Government Orders determining a ceiling as fees for a professional cannot be accepted by any court of law.
Facts- Present writ petitions are filed seeking direction against the respondent to pay his final fee bill. The Government had passed G.O.Ms. No. 339/Public (Law rs) 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.
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.
Notably, 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. 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/-.
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