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Madras High CourtWP/29872/2025disposed of

K.Ezhumalai v. The Principal Secretary

2025-08-08Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 33524 OF 2025

1. K.Ezhumalai S/o.Kaliyaperumal, No.69, Plot No. 1, 6th Street, Pudunagar, Kanuvappettai, Villiyanur, Puducherry, Now Residing At.

Anandam Nagar Entrance, West Pondy Road, Valavanur, Villupuram District.

Petitioner(s) Vs

1. The Principal Secretary Department Of Commercial Taxes And Registration, Secretariat, Fort St. George, Chennai- 600 009.

2.M/s.Jayapriya Chits Pvt Ltd Rep. By Its Chit Conductor, No.14, Jeyapriya Complex, 1st Floor, Krishnalaya Theatre Backside, Branch Office, Cuddalore.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 1st respondent to conduct

enquiry on the petitioners statutory appeal bearing Appeal No.3620987 of 2022/E- CTRD/ SECTT- SEC dated 28.11.2022 pending on the file of the 1st respondent filed challenging the award passed by the 2nd Respondent dated 24.02.2022 and to dispose of the same within a time frame fixed by this Court. For Petitioner(s):

Mr.T.S.Baskaran For Respondent:

Mr.Stalin Abhimanyu Additional Government Pleader for R1

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to conduct the enquiry in the statutory appeal filed by the petitioner on 28.11.2022 challenging the award passed by the 2nd respondent dated 24.02.2022 and to dispose of the same within the time frame fixed by this Court. 2.

Heard Ms.C.Jayachitra, learned counsel for the petitioner and Mr.Stalin Abhimanyu, learned Additional Government Pleader for 1st respondent.

3.

The main grievance expressed by the learned counsel for the petitioner is that when the statutory appeal is pending before the 1st respondent, steps are being to execute the order passed in ARC

No.155 of 2021 in EP No.397 of 2022 before the II Additional, District Judge, Pondicherry. It is under these circumstances, the present writ petition came to be filed before this Court.

4.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 1st respondent to deal with the statutory appeal filed by the petitioner, after affording opportunity to all the parties concerned and pass final orders within a period of eight weeks from the date of receipt of a copy of this order. Till such final order is passed by the 1st respondent, the proceedings in EP No.397 of 2022 on the file of the II Additional District Judge, Pondicherry, shall be kept in abeyance.

5.

This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.

08-08-2025 rka

Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Principal Secretary Department Of Commercial Taxes And Registration, Secretariat, Fort St. George, Chennai- 600 009.

2.M/s.Jayapriya Chits Pvt Ltd Rep. By Its Chit Conductor, No.14, Jeyapriya Complex, 1st Floor, Krishnalaya Theatre Backside, Branch Office, Cuddalore.

N.ANAND VENKATESH J.

rka WP No. 29872 of WMP NO. 33524 OF 08-08-2025