Bolisetty Vijayakumar v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No. 9328 of 2025 BOLISETTY VIJAYAKUMAR ... Petitioner Vs 1.
THE GOVERNMENT OF TAMILNADU, REP. BY ITS PRINCIPAL SECRETARY, COMMERCIAL TAXES AND REGISTRATION DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.
2.
THE SUB REGISTRAR CUM ARBITRATOR FOR CENTRAL CHENNAI CHIT FUND CASES COURT, GUINDY INDUSTRIAL ESTATE, CHENNAI - 600 032.
3.
INSPECTOR GENERAL OF REGISTRATION, 100, SANTHOM HIGH ROAD, MYLAPORE, CHENNAI - 600 004.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to take on file the petitioners' unnumbered Appeal dated 16.09.2020 filed before the first respondent without insisting for the certified copy of the order dated 1/4
10.01.2014 passed by the second respondent in ARC No.809 of 2013 and to dispose of the same within a period fixed by this Court. For Petitioner : Mr.Duraikkan S.Phillp For R1 to R3 : Mr.R.Sasikumar Government Advocate
ORDER
The innocuous prayer made by the petitioner is that the petitioner is a third party to the proceedings, and therefore, when the petitioner filed an appeal, the same was not taken on file for want of a certified copy.
2. The maintainability of the appeal on merits cannot be decided by the authority on its own merits. However, when the petitioner has provided a copy of the order, a certified copy need not be insisted upon.
3. In view thereof, this writ petition is disposed of on the following terms:- (i) The first respondent is directed to take the appeal on file without insisting on the production of a 2/4
certified copy and consider the same in accordance with law, as expeditiously as possible.
(ii) Consequently, connected miscellaneous petition is closed. No costs.
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THE PRINCIPAL SECRETARY, COMMERCIAL TAXES AND REGISTRATION DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.
2.
THE SUB REGISTRAR CUM ARBITRATOR FOR CENTRAL CHENNAI CHIT FUND CASES COURT, GUINDY INDUSTRIAL ESTATE, CHENNAI - 600 032.
3.
INSPECTOR GENERAL OF REGISTRATION, 100, SANTHOM HIGH ROAD, MYLAPORE, CHENNAI - 600 004.
D.BHARATHA CHAKRAVARTHY, J.
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