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Madras High CourtWP/36158/2025disposed of with direction

R.Ramasamy v. The Secretary

2025-09-24Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2025

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.36158 of 2025 and WMP. No.40406 of 2025 R.Ramasamy ... petitioner -Vs1. The Secretary, Appellate Authority, Commercial Tax and Registration Department, Secretariat, Chennai-9.

2. The Deputy Registrar of Chits, Chits and Society, Registrar office, Bhima Nagar, Sangillyandapuram, Trichy.

3. M/S.Shriram Chits Tamilnadu Ltd., Represented by its Manager, No.21, Madurai Road, II Floor, Shree Complex, Trichy.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of Writs of Mandamus directing the first respondent to dispose of the appeal No.11507705/G/2025 filed by the petitioner on 26.08.2025 within a time to be stipulated by this Court.

For petitioner : Mr. Mr.R.Parthiban For Respondent : Mr.U.Baranidharan, SGP RR1 & 2

O R D E R

This petition has been filed seeking a direction to the first respondent to dispose of the appeal No.11507705/G/2025 filed by the petitioner on 26.08.2025 within a time to be stipulated by this Court.

2. It is the case of the petitioner that the petitioner's brother Raja joined as subscriber in the 3rd respondent chit company and he had entered into a chit agreement No.914 of 2015 for the value of Rs.50 lakhs. Since he had defaulted in repaying the chit amount, the third respondent filed appeal in ARC No.160 of 2018 before the second respondent for the default amount. After conclusion of ARC proceedings, the petitioner has filed execution petition in E.P.No.63 of 2020 before the Principal District Judge, Perambalur and the same is pending for adjudication. Further, the petitioner has filed a statutory appeal under Section 70 of the Chit funds Act and the appeal was received and acknowledged by the first respondent authority and they have also sent a communication dated 26.08.2025 to the petitioner and the same is pending. Hence, the petitioner has filed the present writ petition seeking early disposal.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider the appeal filed by the petitioner and pass appropriate orders within the reasonable time as fixed by this Court.

4. The learned Special Government Pleader submitted that the appeal will be considered and appropriate orders will be passed in the manner known to law within the stipulated timed as fixed by this Court.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case and considering the limited request sought for by the petitioner, this Court directs the first respondent to consider the petitioner's appeal and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 24.09.2025 rli M.DHANDAPANI, J.

rli To

1. The Secretary, Appellate Authority, Commercial Tax and Registration Department, Secretariat, Chennai-9.

2. The Deputy Registrar of Chits, Chits and Society, Registrar office, Bhima Nagar, Sangillyandapuram, Trichy.

W.P.No.36158 of 2025 24.09.2025