Philip Mathew v. The Secretary To Government

2024:MHC:977

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.02.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.No.5127 of 2024 Philip Mathew ... Petitioner 1.The Secretary to Government, Commercial Taxes and Registration (G) Dept., Government of Tamil Nadu, Secretariate, Chennai 600009.

2.Self Savings Scheme (Chit Fund) P Ltd.

No.49, Commercial Road, Ootacamund, Nilgiris District.

3.N.Sriram S/o Narayanaswamy, Director, Global Tea Brokers, No.5A, Parles Road, Coonoor, Nilgiris.

4.M/s.Contemporary Tea Auctioneers (P) Ltd., Rep. by its Director, Philip Mathew, S/o. P.M.Mathew, Stanes School Road, Bedford Circle, Coonoor, Nilgiris.

.... Respondents 1 / 4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st Respondent to issue certified copy of the order passed on 30.01.2024 in Appeal Ref.No.6386/G/2021 (2625/G/2021) filed against the order dt. 04.01.2021 passed in (C.P.)A.R.C.No.1 of 2019 on the files of Ld. District Registrar, Udhagamandalam, before the date of next hearing in Execution Petition No.05/2022, viz., 05.03.2024, pending on the file of the District Judge-cumChief Judicial Magistrate, Udhagamandalam. For Petitioner : Dr.R.Maheswari For Respondents : Mr.P.Kumaresan (for R1) Additional Advocate General assisted by Mr.Neethi Perumal Government Advocate

O R D E R

The petitioner has sought a mandamus directing R1 i.e. The Secretary to Government, Commercial Taxes and Registration (G) Department to issue a certified copy of the order passed on 30.01.2024 in Appeal bearing Ref.No.6386/G/2021 (2625/G/2021) challenging order dated 04.01.2021 passed in (C.P.)A.R.C.No.1 of 2019.

2.The apprehension is that the Execution Petition No.5 of 2022 is listed for hearing on 05.03.2024 wherein the arrest of the petitioner is sought. 2 / 4

3.Mr.Neethi Perumal, learned Government Advocate, who accepts notice for R1 has filed a memo undertaking that the certified order will be issued to the petitioner on or before 01.03.2024. To avoid delay in transmission, the petitioner is permitted to personally collect the certified copy from the office of the first respondent between 10.00 a.m. and 12.00 noon on 01.03.2024 accompanied by a copy of this order.

4.This writ petition is disposed. No costs. Connected miscellaneous petition is closed.

27.02.2024 Index : Yes/No Speaking order Note: Registry is directed to issue a copy of this order by today (27.02.2024) To The Secretary to Government, Commercial Taxes and Registration (G) Dept., Government of Tamil Nadu, Secretariate, Chennai 600009 3 / 4

DR.ANITA SUMANTH, J.

& WMP.No.5127 of 2024 27.02.2024 4 / 4