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Madras High CourtWP/29389/2025disposed of

T.Kathaiyan v. The Inspector General Of Registration

2025-08-07Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. T.Kathaiyan S/o.Thangavel Petitioner(s) Vs

1. The Inspector General Of Registration No.100, Santhome High Road, Santhome, Chennai. 2.The District Registrar (chit) District Registrar Office, Nagapattinam District.

3.The Deputy District Registrar (chit) District Registrar Office, Nagapattinam Dsitrict. 4.Jayapriya Chit Funds Private Limited Thiruvallur Branch 81 1st Floor, Sudarson Complex, Therkurathavedi, Thiruvallur District.

Respondent(s)

PRAYER Directing the 3 rd respondent to complete the proceedings pending in Na.Ka. No.550/2/ 2019 dated 06.03.2019 within a suitable time prescribed time fixed by this Court.

For Petitioner(s):

Mr.K.Thenrajan For Respondent:

Mr.Stalin Abhimanyu Additional Government Pleader

ORDER

This present writ petition has been filed for the issue of a writ of mandamus directing the 3 rd respondent to pass orders in the proceedings pending in Na.Ka.No.550/2/ 2019 dated 06.03.2019. 2.Heard Mr.K.Thenrajan, the learned counsel for the petitioner and Mr.Stalin Abhimanyu, the learned Additional Government Pleader for the respondents.

3. The petitioner had joined in the 4 th respondent chit and he was declared as a successful bidder in the year 2016. According to the petitioner, he should have been paid a sum of Rs.12,00,000/-, whereas he was only paid Rs.10,14,314/-. A complaint was given by the petitioner in this regard and the petitioner approached the 3 rd respondent and inspite of the same, no orders were passed. In the meantime, the 4 th respondent filed an application before the 2 nd respondent which was taken on file in ARC.No.322 of 2018 and an order came

to be passed on 22.03.2019.

4. According to the petitioner, an ex-parte order has been passed without issuing notice to the petitioner and execution proceedings was already filed and it is pending. Since the 3 rd respondent did not deal with the complaint given by the petitioner earlier, the present writ petition has been filed.

5. In the considered view of this Court, the 4 th respondent has already initiated proceedings against the petitioner and others for recovery of the money. If according to the petitioner, a lesser amount was paid at the time of bid, the same has to be established before the concerned forum. No useful purpose would be served in directing the 3 rd respondent to deal with the complaint given by the petitioner in the year 2019, since subsequently an order has been passed in ARC.No.322 of 2018 and execution proceedings have already been initiated. The petitioner instead of establishing his right before the concerned forum, is now trying to prosecute the complaint, which was given in the year 2019 before the 3 rd respondent. This process adopted by the petitioner will not in any way help the petitioner.

Therefore, it is left open to the petitioner to defend himself in the pending execution proceedings. The petitioner was aware of the fact that an ex-parte order was passed in ARC.No.322 of 2018 dated 22.03.2019. The petitioner has not even filed an appeal challenging the same.

2019, at this length of time. No orders can be passed in this regard, except giving the above clarity.

6. This writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.

07-08-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector General Of Registration No.100, Santhome High Road, Santhome, Chennai.

2.The District Registrar (chit) District Registrar Office, Nagapattinam District.

3.The Deputy District Regisrar (chit) District Registrar Office, Nagapattinam Dsitrict.

4.Jayapriya Chit Funds Private Limited Thiruvallur Branch 81 1st Floor, Sudarson Complex, Therkurathavedi, Thiruvallur District.

N.ANAND VENKATESH J.

gd 07-08-2025