S.Jayaseelan v. The Secretary To Govt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR S.Jayaseelan ...

Appellant Vs 1.The Secretary to Government Commercial Taxes and Registration Department Secretariat, Chennai-09 2.The Deputy Registrar of Chits District Registrar Office (Administration) Arbitration Cases, Tindivanam 3.Sriram Chits Tamil Nadu Pvt Ltd., rep by its Branch Manager No.76-C Perumal Koil Street Tindivanam 4.R.Subramanian 5.J.Deivanathan 6.R.Anthony 7.A.Nalina Jesulin ...

Respondents

Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set aside the order in W.P. No. 3178 of 2019 dated 10.01.2022 For the Appellant :: Mr.S.Mohamed Uduman

JUDGMENT

(Made by the Hon'ble Acting Chief Justice) This appeal has been filed against the order in W.P.No.3178 of 2019 dated 10.01.2022, wherein the learned Single Judge has dismissed the writ petition holding that the appellant has approached the Writ Court with a huge and unexplained delay of four long years in challenging the proceedings in G.O.(2D) No.79 dated 14.10.2015.

2. The learned counsel for the appellant submitted that the delay has been caused only by the counsel and not the party. Therefore, the error committed by the advocate shall not harm the litigant.

3. We are unable to find any merit in the said contention for the simple reason that a litigant should be vigilant enough to pursue the

matter after entrusting his case to an advocate. He should keep periodical correspondence with the advocate either in person or other medium and get updates about the case. Litigant should pursue the matter in every step of the case which has not been done in the present matter.

4. The writ appeal is therefore dismissed. There will be no order as to costs. Consequently, C.M.P.Nos.18655 and 18656 of 2022 are closed.

(T.R., ACJ.) (D.K.K., J.) 08.11.2022 Index: Yes/No tar To 1.The Secretary to Government Commercial Taxes and Registration Department Secretariat, Chennai-09 2.The Deputy Registrar of Chits District Registrar Office (Administration) Arbitration Cases, Tindivanam

T.RAJA, ACJ, and D.KRISHNAKUMAR, J.

(tar) 08.11.2022