R.Ravi Shankar v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11068 of 2020 and W.M.P.No.13472 of 2020 R.Ravi Shankar ... Petitioner vs

1. The Government of Tamil Nadu, represented by its Secretary, Commercial taxes and Registration Dept., Secretariat, Chennai - 600 009.

2. The Arbitrator cum Assistant Registrar of Chits, Office of the District Registrar, Chidambaram.

3. Dhanalakshmi Chit Funds (P) Limited (Chidambaram) represented by its Chit Conductor, No.2, 1st Floor, Melaratha Veedhi, Chidambaam.

4. The Registrar, Anna University, Annamalai Nagar, Chidambaram District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the 1st respondent to dispose the Appeal in C.No.4017/G/2020 within a time frame and consequently refrain the 4th respondent from deducting the partial salary of the petitioner pursuant to the order made in E.P.No.25 of 2018 dated 03.12.2019 on the file of District and Sessions Judge, Cuddalore, based on the Award dated 19.05.2017 passed by the 2nd respondent in A.R.No.67/2017 till the disposal of the appeal pending before the 1st respondent .

For Petitioner :

Mr.N.Ganesh For Respondents :

Mr.T.M.Pappaiah, Special Government Pleader

for R1 and R2 Mr.Y.Jyothish Chander for R3

O R D E R

This matter is taken up for hearing through Video Conferencing mode.

2. This writ petition is filed seeking to direct the 1st respondent to dispose the Appeal in C.No.4017/G/2020 within a time frame and consequently refrain the 4th respondent from deducting the partial salary of the petitioner pursuant to the order made in E.P.No.25 of 2018 dated 03.12.2019 on the file of District and Sessions Judge, Cuddalore, based on the Award dated 19.05.2017 passed by the 2nd respondent in A.R.No.67/2017 till the disposal of the appeal pending before the 1st respondent.

3. Heard both sides.

4. It is seen that the petitioner suffered an order in AR.No.67/2017 passed by the 2nd respondent herein arising out of Chit transaction. Challenging the said award, the petitioner seems to have filed an Appeal before the 1st respondent on 26.05.2020 and that the said appeal is still pending.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the respective parties, as it is for the 1st respondent/Appellate Authority to consider and decide the merits of the matter while disposing the appeal.

6. The very limited prayer sought for in this writ petition is for a direction to the 1st respondent to dispose the appeal. Therefore, without expressing any view, this Writ Petition is disposed of by directing the 1st respondent to dispose of the appeal filed by the petitioner on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. If the petitioner has filed any stay petition in the said appeal, the same shall be taken up first and disposed of within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

vri/vsi To

1. The Secretary, Government of Tamil Nadu, Commercial taxes and Registration Dept., Secretariat, Chennai - 600 009.

2. The Arbitrator cum Assistant Registrar of Chits, Office of the District Registrar, Chidambaram.

3. The Registrar, Anna University, Annamalai Nagar, Chidambaram District.

+1cc to M/s.Y.Jyothish Chandra, Advocate SR.28107 W.P.No.11068 of 2020 RR(CO) CB(14/10/2020)