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Madras High CourtWP/8412/2016disposed of

B.Velavan v. The Secretary

2022-07-13Honourable Mr Justice R. Subramanian6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN WP.Nos.8412, 8413 to 8414/2016 & WMP.Nos.7449 to 7451/2016 B.Velavan ... Petitioner in all the Writ Petitions Vs 1.The Secretary to the Government Commercial Taxes and Registration Department, State of Tamil Nadu Fort St George, Chennai - 9.

2.The Deputy Registrar of Chits Namakkal, Namakkal District.

3.Shriram Chits Tamilnadu [P] Ltd Paramathy Velur Branch by its Foreman, Backside of P.S.Hospital Mohanaur Road, Velur Town Paramathy Velur Taluk Namakkal District 638 182.

... Respondents in all WPs Prayer in WP.No.8412/2016: Writ Petition filed Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for 1/6

the records pertaining to the order made in AOP.No.157/2011 dated 29.12.2011 passed by the 2nd respondent and confirmed by the 1st respondent by proceedings dated 21.09.2015 made in G.O.[D] No.380 and quash the same.

Prayer in WP.No.8413/2016: Writ Petition filed Article 226 of the Constitution of India praying for issuance of a writ of of certiorari calling for the records pertaining to the order made in AOP.No.116/2011 dated 01.11.2011 passed by the 2nd respondent and confirmed by the 1st respondent by proceedings dated 21.09.2015 made in G.O.[D] No.381 and quash the same.

Prayer in WP.No.8414/2016: Writ Petition filed Article 226 of the Constitution of India praying for issuance of a writ of of certiorari calling for the records pertaining to the order made in AOP.No.155/2011 dated 29.12.2011 passed by the 2nd respondent and confirmed by the 1st respondent by proceedings dated 21.09.2015 made in G.O.[D] No.379 and quash the same.

For Petitioner in all WPs : Mr.R.Vigneshwar For RR1&2 in all WPs : Mrs.V.Yamunadevi Special Govt. Pleader For R3 in all WPs : Mr.K.V.Ananthakrishnan 2/6

COMMON ORDER (1) Challenge in these writ petitions is to the orders of the Government refusing to condone the delay of 1202 days in filing the appeals against the Awards made under the Chit Fund Act. (2) The Chit Fund Company, the 3rd respondent herein has filed counter affidavits in the respective writ petitions, the relevant portions of which are as follows:

WP.No.8412/2016:- ''6...After dismissal of the appeal, the petitioner paid a sum of Rs.23,799/- on 25.11.2015 and settled the case in full. The present writ petition is filed during Feb 2016, after settling the Chit dues. Hence, the writ petition has become infructuous.

WP.No.8413/2016:- ''6...After dismissal of the appeal, the petitioner settled the case on 25.11.2015 by paying a lump sum of Rs.62,400/-. Hence, the writ petition has become infructuous.

WP.No.8414/2016:- 3/6

''6...After dismissal of the appeal, the petitioner paid a sum of Rs.19,202/- on 25.11.2015 and settled the case in full. After settling the chit dues, the writ petition has become infructuous.''

(3) Since the entire amount due under the transaction has been paid by the petitioner, nothing survives in the writ petitions. (4) Hence, the writ petitions are disposed of as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

13.07.2022 AP Internet : Yes 4/6

To 1.The Secretary to the Government Commercial Taxes and Registration Department, State of Tamil Nadu Fort St George, Chennai - 9.

2.The Deputy Registrar of Chits Namakkal, Namakkal District.

3.Shriram Chits Tamilnadu [P] Ltd Paramathy Velur Branch by its Foreman, Backside of P.S.Hospital Mohanaur Road, Velur Town Paramathy Velur Taluk Namakkal District 638 182.

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R.SUBRAMANIAN, J.

AP 13.07.2022 6/6