G.Manoharan v. The Deputy Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30.09.2021

CORAM:

THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No. 31383 of 2012 and M.P. No. 1 of 2012 G.Manoharan .. Petitioner Vs

1. The Deputy Secretary to the Government of Tamil Nadu, (Commercial Tax & Registration Department), Fort St.George, Chennai - 600 009.

2. The Arbitrator / Registrar of Chits, Central Chennai, No.26, Rajaji Salai, Chennai - 600 001.

3. M/s. Arjun Amaravathi Chits (P) Ltd., No.30, Kasturi Road, Mylapore, Chennai - 600 004.

.. Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari calling for the records pertaining to the order of the second respondent in the Unnumbered Application of NO.001/2012 in ARC No.Unnumbered of 2012 dated 17.05.2012 and quash the same.

For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.C.Kathiravan Government Advocate for R1 and R2 Mr.V.Babu for R3

O R D E R

The order dated 17.05.2012 passed by the second respondent condoning the delay of 180 days in the Unnumbered Application of the year 2012 is under challenge in the present Writ Petition.

2. The delay was condoned on the ground that the petitioner appeared before the second respondent in person and https://hcservices.ecourts.gov.in/hcservices/

informed that he has paid the entire Chit amount and he is ready to establish the same. When a party appeared before the second respondent authority and informed that he has paid the entire Chit amount and ready to establish the same then the opportunity is to be provided for such person and in the interest of Justice, the delay is condoned by the competent authority. This being the factum, the petitioner is at liberty to contest the main case.

3. Accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar RAP / vji To

1. The Deputy Secretary to the Government of Tamil Nadu, (Commercial Tax & Registration Department), Fort St.George, Chennai - 600 009.

2. The Arbitrator / Registrar of Chits, Central Chennai, No.26, Rajaji Salai, Chennai - 600 001.

+1 cc to Government Pleader Sr.NO. 51560 W.P. No. 31383 of 2012 RLD(CO) A.SK(27.10.2021) https://hcservices.ecourts.gov.in/hcservices/