D.Arputha Rajendran v. The Secretary To Government
In the High Court of Judicature at Madras Dated : 04.07.2017 Coram :
The Honourable Mr.Justice S.M.SUBRAMANIAM W.P. No.14183 of 2017 & W.M.P.No.15380 of 2017 D. Arputha Rajendran,
...Petitioner
Vs 1.The Secretary to Government Commercial and Registration Department, Fort St. George, Chennai - 600 009.
2. The Member Secretary, Sports Development Authority of Tamil Nadu, No. 116-A,E.V.R. Periyar High Road, Nehru Park, Chennai -600 084.
3. The District Sports Officer, Sports Development Authority of Tamil Nadu, Royakottai Road, Krishnagiri -635 001.
4. The Sriram Chits, Tamil Nadu Private Limited Anna Nagar Branch, Madurai -20.
5. The Sriram Chit Fund Ltd., 5th Floor, No.49, Greams Road, Chennai - 600 006.
6. S. Rajamani,
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents 2 and 3 from deducting any amount from the petitioner's salary from the month of may 2017.
For Petitioner : Mr.C.Prakasam For Respondents : Mr.T.M.Pappiah Special Government Pleader for R1 to R3 Mr.S.Gunasekaran Additional Government Pleader for-R1 to R3
ORDER
The friend of the writ petitioner borrowed loan from the 4th respondent - The Sriram Chits Tamil Nadu Private Limited, committed default and the writ petitioner stood as a guarantor for the loan transaction and the 4th respondent - private chit fund initiated recovery of the loan amount. The prayer sought for in this writ petition is for restraining the respondents 2 and 3 from recovering any amount from the petitioner's salary.
2. Heard the learned counsel for the writ petitioner, the learned Special Government Pleader for respondents 1 to 3 and the learned counsel Additional Government Pleader for respondent No.4.
3. In respect of the amount due under the loan transaction, execution proceedings are pending in appeal for execution before Commercial Taxes and Registration (G) Department. Under the said circumstances, this Court has expressed its opinion that no writ petition is maintainable and this Court cannot consider such transactions and adjudicate the same under Article 226 of the Constitution of India. At this juncture the learned counsel appearing for the writ petitioner pleaded to withdraw the petition. Accordingly he is permitted to withdraw the petition. He has made an endorsement to that effect. Hence the writ petition stands dismissed as withdrawn.
No Costs.
Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar jer
To 1.The Secretary to Government Commercial and Registration Department, Fort St. George, Chennai - 600 009.
2.The Member Secretary, Sports Development Authority of Tamil Nadu, No. 116-A,E.V.R. Periyar High Road, Nehru Park, Chennai -600 084.
3.The District Sports Officer, Sports Development Authority of Tamil Nadu, Royakottai Road, Krishnagiri -635 001.
+1cc to Mr.C.Prakasam, Advocate SR.No.46711 +1cc to Government Pleader, SR.No.46926 Writ Petition No.14183 of 2017 RK(CO) GN(20/07/2017)