Madras High CourtWP/10802/2017dismissed

K.Periyasamy, S/O.Kandasamy v. The Secretary To The

2022-11-25Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR and W.M.P. No. 11743 of 2017 K.Periyasamy, S/o. Kandasamy ... Petitioner

Versus

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

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

3. Shriram Chits Tamil Nadu (P) Ltd., Namakkal Branch by its Foreman, Near State Bank, Namakkal.

... Respondents Page No.1 of 4

PRAYER : Writ Petition filed under Art. 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus call for the records pertaining to the proceedings of the 1st respondent in G.O. (D) No.454, dated 02.12.2016 and quash the same s illegal and incompetent and consequently, direct the 1st respondent to hear the appeal on merits. For Petitioner :

Mr.M.Guruprasad For Respondents :

Mr.K.Tippusulthan Govt. Advocate for R1 & R2 Mr.K.V.Ananthakrushnan for R3

ORDER

This Writ Petition has been filed challenging the impugned order passed by the 1st respondent dated 02.12.2016 and quash the same as illegal and incompetent and consequently direct the 1st respondent to hear the appeal on merits.

2. As the conditional order passed by this Court directing the petitioner to deposit a sum of Rs.5,00,000/- (Rupees five lakhs only) before the 2nd respondent within a period of four weeks has not been complied with. The learned counsel appearing for petitioner is also Page No.2 of 4

unable to bring any answer in this regard. According to him, despite steps taken to contact the petitioner, all went in vain. Therefore, this Court is of the view that such conduct of the petitioner cannot be appreciated. In such view of the matter, this Writ Petition is dismissed. No costs. Consequently, connected Writ Miscellaneous Petition is closed. 25.11.2022 Index: Yes/No Internet: Yes/No rpp To 1 The Secretary to Government, Department of Commercial Taxes and Registration, Fort St. George, Chennai 600 009.

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

3. Foreman, Shriram Chits Tamil Nadu (P) Ltd., Namakkal Branch, Near State Bank, Namakkal.

4. The Public Prosecutor, High Court, Madras.

Page No.3 of 4

N.SATHISH KUMAR, J.

rpp 25.11.2022 Page No.4 of 4