P.Priya v. Jayapriya Chit Funds (P) Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.17287 of 2025 1.

P.PRIYA 2.

K. PUNITHAVEL 3.

S. SENTHAMIL SELVI 4.

A. RADHAKRISHNAN 5.

C.ARUMUGAM ... Petitioners Vs JAYAPRIYA CHIT FUNDS (P) LTD, REP. BY ITS BRANCH MANAGER, CHENNAI BRANCH, NO.37, NATESAN STREET, SIVA VISHNU COMPLEX, 2ND FLOOR, T. NAGAR, CHENNAI - 600 017.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Prohibition, prohibiting the XXVIII Assistant City Civil Court at Chennai District from proceeding with E.P. No 1470/2023 filed by the respondent.

For Petitioners : Mr.M.Saravanakumar For Respondent : Mr.V.Rajesh Babu 1/4

ORDER

This writ petition is filed seeking a writ of prohibition or any other appropriate relief, prohibiting the XXVIII Assistant City Civil Court at Chennai District from proceeding with E.P. No.1470/ 2023.

2. It is well settled that, in respect of judicial proceedings, the petitioners cannot approach this Court under Article 226 of the Constitution of India. Any appropriate relief ought to have been sought in the execution petition itself. Secondly, the writ petition is filed against a private entity, namely Jayapriya Chit Funds Private Limited.

3. Therefore, the writ petition against a private party is not maintainable. The only grievance of the petitioners is that an appeal has already been filed before the Government against the award passed under the Chit Funds Act. In that appeal, the petitioners can seek any interim relief, if he desired. If the petitioners want early disposal of the appeal, a writ petition may be filed by impleading the authority before whom the appeal is pending, so that appropriate directions can be issued. 2/4

4. The learned counsel appearing for the petitioners, at this juncture, submits that they have approached this Court and this Court has already issued directions to the particular authority to dispose of the appeal. If that is the case, the petitioners have to file an appropriate contempt application if the appeal has not yet been disposed of.

5. As such, finding no merits, this writ petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs. 29.04.2025 1/2 nsl 3/4

D.BHARATHA CHAKRAVARTHY, J.

nsl 29.04.2025 1/2 4/4