S.Sivakumar v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.24124 of 2023 S.Sivakumar

...Petitioner

-Vs1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai - 600 009.

2.Margadarsi Chits Pvt. Ltd., Ashok Nagar Branch, Rep. by its Foreman, A-1, 2nd Floor, 1st Avenue, Senthil Towers, Ashok Nagar, Chennai - 600 083.

3.The Secretary to Government, Commercial Taxes and Registration Department, Fort St.George, Chennai - 600 009.

...Respondents

(The third respondent is impleaded Vide order of this Court dated 17.08.2023 in W.P.No.24124 of 2023 by NSSJ) Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st Respondent to consider and pass orders on the Petitioner Appeal dated 30.01.2023 in Appeal 1/4

No.4121489 of 2023 filed under Section 70 of the Chits Funds Act 1982 against the Award of the Arbitrator, Central Madras Chit Fund Cases Court, Chennai - 600 032 in that Arbitration Case No.56/2018 dated 25.02.2020.

For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.M.Bindran, Additional Government Pleader for 1 & 3 Mr.D.Shivakumaran for R2

ORDER

The petitioner has preferred an appeal under the Chit Funds Act, 1982 to the Secretary to Government, Commercial Taxes and Registration Department, Government of Tamil Nadu and requires an expeditious disposal of the appeal.

2.Surprisingly, the petitioner has directed the prayer not to the official before him but, to some other Secretary of some other Department of the Government. Now, it is the turn of the Court to come to the rescue of the petitioner and this Court now suo motu impleads the 'Secretary to Government, Commercial Taxes and Registration Department, Fort St.George, Chennai - 600 009' as the third respondent. 2/4

3.Mr.M.Bindran, learned Additional Government Pleader takes notice for the respondents 1 and 3.

4.Mr.D.Shivakumaran, learned counsel takes notice for the second respondent.

5.This Court now directs the third respondent to dispose of the appeal of the petitioner within a period of 16 weeks from the date of receipt of a copy of this order.

6.The Writ Petition is disposed of accordingly. No costs. 16.08.2023 Index : Yes/No Internet : Yes/No Tsg 3/4

N.SESHASAYEE, J., Tsg To 1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Secretary to Government, Commercial Taxes and Registration Department, Fort St.George, Chennai - 600 009.

Order made in 16.08.2023 4/4