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Madras High CourtWP/15637/2010dismissed as infructuous

M.Vimal Nath, v. Government Of Tamil Nadu

2019-08-21Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.Nos.15637 & 15638 of 2010 & M.P.Nos.1 & 1 of 2010

1. M.Vimal Nath

2. R.Narayanasamy

3. R.Radhabai ..Petitioners in both WPs Vs 1.Government of Tamil Nadu Represented by its Principal Secretary, Commercial Taxes and Registration Department, Secretariat, Chennai-600 009.

2.The Deputy Registrar of Chits, District Registrar's Office, Coimbatore District Coimbatore.

3.Shriram Chits Tamilnadu Ltd., Vadavalli, Coimbatore rep.

By its foreman M.K.Saravanan, 416-C, NSR Road, Saibaba Colony, Coimbatore-641 025.

..Respondents in both WPs Prayer in W.P.No.15637 of 2010 : Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorarified Manadamus calling for the records relating to the Letter No.2704/G/2010-1, dated 19.05.2010 issued by the Principal Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Chennai-600 009, the first respondent and to quash the same insofar with respect to that portion of the order in rejecting the stay and consequently direct the first respondent to consider and issue an order of stay of the order dated 24.12.2009 made in ARC No.343/2007 on the file of the second respondent pending disposal of the statutory appeal filed by the petitioners herein before the first respondent.

Prayer in W.P.No.15638 of 2010 : Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorarified Manadamus calling for the records relating to the Letter No.2709/G/2010-1, dated 19.05.2010 issued by the Principal Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Chennai-600 009, the first respondent and to quash the same insofar with respect to that portion of the order in rejecting the stay and consequently direct the first respondent to consider and issue an order of stay of the order dated 24.12.2009 made in ARC No.352/2007 on the file of the second respondent pending disposal of the statutory appeal filed by the petitioners herein before the first respondent.

For Petitioner : Mr.N.Damodaran (in both Wps) For Respondents : Mr.P.P.Purushothaman for R1 & R2 (in both Wps) Mr.K.V.Anantha Krishnan for R3 COMMON ORDER Heard Mr.N.Damodaran, learned counsel for the petitioners, Mr.P.P.Purushothaman learned counsel appearing for respondent 1 and 2 and Mr.K.V.Anantha Krishnan, learned counsel appearing for respondent 3 and perused the materials available on record.

2. These writ petitions have been filed aggrieved by the rejection of stay application by the first respondent, during the pendency of the appeal.

3. The learned counsel for the third respondent would state that the main appeals themselves have been disposed of by the first respondent.

4. In the light of the above submission, nothing survives for adjudication in these writ petitions and accordingly, both these writ petitions are dismissed as having become infructuous. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar kal

To 1.Government of Tamil Nadu Represented by its Principal Secretary, Commercial Taxes and Registration Department, Secretariat, Chennai-600 009.

2.The Deputy Registrar of Chits, District Registrar's Office, Coimbatore District Coimbatore.

3.Shriram Chits Tamilnadu Ltd., Vadavalli, Coimbatore rep.

By its foreman M.K.Saravanan, 416-C, NSR Road, Saibaba Colony, Coimbatore-641 025.

+1cc to Mr.N.Damodaran, Advocate, S.R.No. 72531 +1cc to Mr.K.V.Anantha Krishnan, Advocate, S.R.No. 71793 +2cc to the Government Pleader, S.R.No.72128 & 72110 W.P.Nos.15637 & 15638 of 2010 & M.P.Nos.1 & 1 of 2010 GP(CO) GN(04/10/2019)