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Madras High CourtWP/11117/2024disposed of

V.Shankar v. The Principal Secretary To

2024-04-24Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.11117 of 2024 and W.M.P.No.12196 of 2024 V.Shankar ... Petitioner Vs.

1.

The Principal Secretary to Government of Tamilnadu, Commercial Taxes & Registration Department, Secretariat, Chennai - 600 009.

The Deputy Registrar of Chits, District Registrar Office, Erode.

3.

M/s.Dhanalakshmi Srinivasan, Chit Funds Private Limited, Represented by its Foreman Mr.T.Saravanan, No.47/4, Laakini Towers, 1st floor, Vasuki Street, Brough Road, Erode - 638 001.

... Respondents Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, directing the 1st respondent to dispose of the Page No.1 of 5

Appeal No.3486969 of 2022 against the award passed in A.R.C.No.80 of 2021 dated 02.05.2022 by the 2nd respondent and pass appropriate orders on merits after affording opportunity to both parties within a time frame fixed by this Court.

For Petitioner : Mr.K.Venkateswaran For R1 & R2 : Mr.L.S.M.Hasan Fizal Additional Government Pleader

O R D E R

The writ of mandamus has been instituted to direct the 1st respondent to dispose of the Appeal No. 3486969 of 2022 against the award passed in A.R.C.No.80 of 2021 dated 02.05.2022 by the 2nd respondent. It is a statutory appeal filed under Section 70 of the Chit Funds Act, 1872. No doubt several such appeals may be pending on the file of the 1st respondent and all such appeals are to be numbered based on the date of filing of the appeal and the same is to be heard by affording opportunity to the parties and to be disposed of .

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3.

The competent Appellate Authority shall ensure that appeals received are entered in a register properly, to maintain the seniority and cases are taken up and disposed of systematically, in order to avoid discrimination amongst the appellants, who all are waiting for the disposal of the respective appeals. Thus, the case of the writ petitioner is also directed to be considered in the order of seniority and to be disposed of on merits and by following due process as expeditiously as possible.

4.

Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 24.04.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda Page No.3 of 5

To 1.

The Principal Secretary to Government of Tamilnadu, Commercial Taxes & Registration Department, Secretariat, Chennai - 600 009.

The Deputy Registrar of Chits, District Registrar Office, Erode.

Page No.4 of 5

S.M.SUBRAMANIAM,J.

veda W.P. No.11117 of 2024 24.04.2024 Page No.5 of 5