N.Ramamoorthy v. The Secretary To Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.12327 of 2025 Dr. N.Ramamoorthy ... Petitioner Vs.

1. The Secretary to Government of Tamil Nadu, Commercial Taxes Department , Secretariat , Chennai - 9..

2. The Deputy Registrar of Chit, Tiruchirappalli.

3. M/s.Margadharasi Chits ( P ) Ltd, TAB Complex, 1st Floor , 41, Bharathidasan Salai , Cantonment , Tiruchirappalli.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent herein to dispose of the stay petition filed in the Chit appeal preferred against the order passed in ARC No.54 of 2006 dated 19.06.2009 by the second respondent herein within a stipulated time as fixed by this Court. 1/4

For Petitioner : Mr. C.Jeya Prakash For R-1 & 2 : Mr.R.Suresh Kumar Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the first respondent herein to dispose of the stay petition filed in the Chit appeal preferred against the order passed in ARC No.54 of 2006 dated 19.06.2009 passed by the second respondent.

2. The learned Counsel appearing for the petitioner submitted that he had filed the chit appeal in the year 2019 against the order dated 19.06.2009. Along with chit appeal, he has also filed a stay petition. However, the said stay petition was not entertained and no orders were passed on it. In the meanwhile, the third respondent has filed a execution petition against ARC No.54 of 2006, in which the petitioner's properties are brought for sale.

3. Therefore, this Court is inclined to protect the petitioner. Accordingly, there shall be an order of interim stay for a period of three (3) months from today i.e., on 17.06.2025. In the meantime, the first respondent is directed to entertain the stay petition and pass appropriate orders in accordance with law, within a 2/4

period of three (3) months from the date of receipt of a copy of this order.

4. With the above said direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 17.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The Secretary to Government of Tamil Nadu, Commercial Taxes Department , Secretariat , Chennai - 9..

2. The Deputy Registrar of Chit, Tiruchirappalli.

3/4

S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 17.06.2025 4/4