Muthu Medicals v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05.12.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Muthu Medicals, Rep. by its proprietor, K.Raju, No.33, Razack Garden Road, Arumbakkam, Chennai - 600 012.

... Petitioner Vs 1.The State of Tamil Nadu, Rep. by the Additional Chief Secretary to the Government (FAC), Commercial Taxes and Registration Department, Fort St.George, Chennai - 600 009.

2.The Inspector General of Registration, Chennai - 600 028.

3.Sri Ram chits Private Ltd., Anna Nagar Branch, No.F41, First Main Road, Anna Nagar, Chennai-600 102.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to 1st respondent's

order made in G.O.(D).No.464 dated 2013 and E.P.No.2748 of 2015 to quash the same.

For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.Alagu Goutham, Government Advocate - R1 & R2 No appearance - R3

O R D E R

There is no appearance for R3 today.

2.Having heard Mr.L.Chandrakumar, learned counsel for the petitioner and Mr.Alagu Goutham, learned Government Advocate for R1 & R2, I am of the view that there is no merit in this writ petition. Admittedly, the petitioner is in default in repaying the installments of the chit in R3 company and thus, there is no justification in the prayer seeking the setting aside of Award passed on 23.07.2015 in ARC No.427 of 2013 that has been confirmed under G.O.(D).No.464-CT and R(G) Department, dated 14.12.2016. 3.No case is made out for intervention in the same except to say that the petitioner is hard pressed for funds. In such an event, it would suffice to grant liberty to the petitioner to go before R3 company to seek the benefit of remittance in installments. It is made clear that the liability under the impugned order stands confirmed and any relief will be subject to the discretion to be

exercised by R3 company, if a representation is made by the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. 4.This writ petition is dismissed with liberty. No costs. Consequently, connected miscellaneous petition is closed.

05.12.2022 kbs Index : Yes / No Speaking Order To 1.The State of Tamil Nadu, Rep. by the Additional Chief Secretary to the Government (FAC), Commercial Taxes and Registration Department, Fort St.George, Chennai - 600 009.

2.The Inspector General of Registration, Chennai - 600 028.

3.Sri Ram chits Private Ltd., Anna Nagar Branch, No.F41, First Main Road, Anna Nagar, Chennai-600 102.

Dr.ANITA SUMANTH, J.

kbs 05.12.2022