IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 04.03.2011 Coram THE HON’BLE MR. JUSTICE VINOD K.SHARMA W.P.No.11751 of 2009 and M.P.No.1 of 2009 Kanjamally Mudali Trust 2/1, Municipal Office Road, Cantonment, Tiruchirapalli – 620 001. Represented by its Secretary D.R.Manickam .. Petitioner .. Vs .. State of Tamilnadu, Represented by its Secretary, Finance (W & M.II) Department, Fort St. George, Chennai – 600 009. ... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarifiled Mandamus calling for the records of the respondent made in Letter No.34557/W&MII/2008-1 dated 05.07.08 and quash the same and consequently direct the respondent to revalue the original 5000 star pagodas of the petitioner with the Government of Tamilnadu to the present day gold standard and consequently pay the due interest at the prevailing bond rates to the account of the petitioner within the time frame as fixed by this Court. For Petitioner : Mr.S.Silambannan, Senior Counsel for M/s.S.Silambanan Associates For Respondent : Mr.B.Vijay Government Advocate O R D E R The Petitioner-Kanchamally Mudali Charitable Trust has invoked the writ jurisdiction of this Court, with the prayer for issuance of a writ in the nature of mandamus, directing the respondent herein to revalue the original 5000 star pagodas of the petitioner deposited with the Government of Tamilnadu, to the present day gold standard, and consequently pay the due interest at the prevailing bond rates to the petitioner. 2.The case of the petitioner is that the Trust owned a vast extent of land in and around Tiruchirapalli Town. The petitioner Trust was formed with the benevolent motive of serving the public https://hcservices.ecourts.gov.in/hcservices/ and in particular to serve the servant of the East India Company. The petitioner in order to achieve the object of the Trust deposited 2000 star pagodas (Gold coins weighing 3.4 Gms. Each) to the account of East India Company in Note No.164 of 1796 – interest on Government security – 24G-6% perpetual loan-AEAB0007 yearly interest of 120 star pagodas. The petitioner thereafter deposited yet another 3000 star pagodas at a monthly interest of 20 star pagodas i.e. yearly interest of 240 star pagodas. 3.The Government, according to the petitioner, had agreed to pay the above said interest of 6% and 8% per annum to the Trust as per the arrangement. 4.The case of the petitioner is that after the Independence, the payments was made in Indian Currency from the treasury of Trichirapalli to the petitioner Trust continuously. The case of the petitioner is that, keeping in view of the change circumstances, the petitioner sought the return of original bonds vide letter dated 15.07.2000, but no reply was received from the respondent. Aggrieved by the inaction of the respondent, the petitioner filed W.P.No.22761 of 2001 praying for issuance of a writ in the nature of mandamus directing the respondents to return the original bonds. The writ petition was disposed of. 5.The case of the petitioner is that Government hold the securities deposited as perpetual loans. The details of securities is as under: i) Note No.164 of 1796 face value 2000 star Pagodas yielding a interest of 6 percent concerning perpetual Loan AEAB 0007 carrying 6% Interest per annum. ii) Note No.164 of 1796 face value 3000 star Pagodas yielding a interest of 8 percent concerning perpetual Loan AEAA 0008 carrying a monthly Interest of 8% per annum. 6.The case of the petitioner is that against the security of gold the State of Tamil Nadu is only making a payment of interest at rate Rs.420/- for 2000 star pagodas, and Rs.840/- for 3000 star pagodas, totaling Rs.1,260/- per annum. 7.The petitioner did untiring labour to trace the relevant documents concerning the above said perpetual loans at British Library in London from where he obtained the certified copies of the ledger maintained by the Queen's Government in the Indian Imperative. 8.The petitioner has also placed on record the document obtained from British Archives-London, for perusal of this Court, so as to appreciate the nature of the loan, advanced by the https://hcservices.ecourts.gov.in/hcservices/ petitioner to East India Company and thereafter, to the Indian Government. The petitioner claims that the request was made to treat the loan as Gold deposit, but no reply has been received to the request of the petitioner. 9.The case of the petitioner, further, is that now the respondent vide letter Ref.No.34557/RO&M II/2008-I dated 05.07.2008 disclosed, that the value of star pakoda was a unit worth of approximately 8 shilling and 3 1/2 rupees, and that the value of the principal deposit was valued at Rs.7,000/- and Rs.10,500/- deposit for the 2000 and 3000 star pagodas respectively. That the value was assessed according to the commercial value and intrinsic built value. 10.It is not in dispute that the petitioner is paid interest on the value disclosed. The value of the gold was converted into rupee in 1898 B.C. and thereafter, the petitioner accepted the interest on the said amount, the information by the Government factual position cannot be termed as impugned order. 11.The value of the gold was converted into rupee in 1898, it is not open to the petitioner, now to claim the reconversion or to ask to revalue after, lapse of more than 113 years. Even otherwise, the writ petition on the face of it, is not a competent as contractual loan, cannot be a subject matter of the writ, in view of the law laid down by the Hon'ble Supreme Court in the case of Shalini Shyam Shetty & another V. Rajendra Shankar Patil 2011-I- CTC-854. 12.The Writ Petition is dismissed on merit and also on the ground of competence. No costs. Connected miscellaneous petition is also dismissed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sgl https://hcservices.ecourts.gov.in/hcservices/ To The Secretary,State of Tamilnadu, Finance (W & M.II) Department, Fort St. George, Chennai – 600 009. 1 cc To Mr.S.Silambanan, Advocate, SR.16718 1 cc To The Government Pleader, SR.16239 W.P.No.11751 of 2009 vd(co) pmk..193.2011 https://hcservices.ecourts.gov.in/hcservices/