N.Mohammed Mian Rowther Co (P) v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.5218 of 2004 & W.P.M.P.No.6059 of 2004 & W.V.M.P.No.115 of 2008 N.Mohammed Mian Rowther Co [P] Ltd., Rep. by its Managing Director, A.K.Nazeemudeen 13/1, Khaja Nagar, Tiruchy - 20.

... Petitioner Vs

1. The Government of Tamilnadu Rep. by the Secretary to Government, Commercial Taxes [G] Department, Fort St. George, Madras - 9.

2. The Registrar of Chits, Karur.

3. Arasi Chit Funds [Karur] Pvt. Ltd., Rep. by its Managing Director, 99, Rajaji Street, Karur - 1.

4. A.K.Kamaludeen [Deceased]

5. Asma

6. K.K.Haafil

7. Abdul Kareem 1/5

8. Aayisha Siddiq ... Respondents Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Certiorari to call for the records on the file of the first and second respondents in G.O. [D] No.403 dated 31.12.2002 and Chit O.P.No.8/1999dated 28.08.2000 and quash the same as illegal, incompetent, irregular and without jurisdiction. For Petitioner : Mr.Sunny Sheen for Mr.V.Raghavachari For Respondents : Mr.P.Sathis, Additional Government Pleader - R1 & R2 No appearance - R3, R5 to R8

ORDER

This Writ Petition has been filed to quash the proceedings of the first and second respondents in G.O. [D] No.403 dated 31.12.2002 and Chit O.P.No.8/1999dated 28.08.2000 as illegal, incompetent, irregular and without jurisdiction.

2. At the time of admission of this Writ petition, this Court granted interim stay on condition that the petitioner furnishes Bank Guarantee for 2/5

the entire amount within eight weeks from the date of the said Order, i.e., on 05.03.2004, failing which the main Writ Petition itself shall stand dismissed without any further reference to this Court. No materials has been placed before this Court to show whether Bank Guarantee has been furnished as per the interim Order passed by this Court.

3. Hence, this Writ Petition stands dismissed. If the petitioner is able to produce any record to show that the Bank Guarantee has been furnished as Ordered by this Court, it is open to the petitioner to file a petition to recall this Order. Consequently, connected miscellaneous petitions are closed. No costs.

20.10.2022 Index:Yes/No Web:Yes/No Speaking/Non Speaking vrc 3/5

To,

1. The Secretary to Government, Commercial Taxes [G] Department, Fort St. George, Madras - 9.

2. The Registrar of Chits, Karur.

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N.SATHISH KUMAR, J.

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