Madras High CourtWP(MD)/23540/2015dismissed as infructuous

M.Anbarasi, W/O. N.Mohan, v. The Secretary

2023-07-28Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.23540 OF 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.23540 of 2015 AND M.P.(MD)No.1 of 2015 M.Anbarasi ... Petitioner Vs.

1. The Secretary, Commercial Taxes and Registration (D) Department, Secretariat, Chennai - 600 005.

2. The Deputy Registrar(Chits), District Registrar Office, Civil Court Complex, Cantonment, Trichy.

3. Margadarisi Chits Private Ltd., Rep. by its Foreman, 1st Floor, TAB Complex, No.41, Bharathidasan Salai, Cantonment, Trichy -1.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent in his proceedings Lr.No.6979/G/2015-1 dated 11.08.2015 and quash the same as of no legal consequence and consequently direct the first respondent to dispose of the appeal according to law and as per the provisions of The Chit Fund Act. 1/4

2 W.P.(MD)NO.23540 OF 2015 For Petitioner : No appearance.

For R-1 & R-2 : Mr.S.Shanmugavel, Additional Government Pleader.

For R-3 : Mr.R.Devaraj * * *

O R D E R

The learned counsel who filed this writ petition is no more. The petitioner has not made any alternative arrangement. There is no representation on behalf of the petitioner. The learned counsel appearing for the third respondent submitted that the petitioner had joined the chit group and she committed default. That led to the filing of the arbitral proceedings before the Deputy Registrar(Chits), Trichy. The order of interim attachment was passed under Section 69 of the Chit Funds Act. Aggrieved by the same, the petitioner had filed an appeal under Section 70 of the Act. The first respondent took the view that the appeal would lie only against the final award and not against the order of interim attachment. Challenging the same, the present writ petition has been filed.

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3 W.P.(MD)NO.23540 OF 2015

2. During the pendency of the writ petition, the petitioner is said to have settled all the dues to the third respondent. Nothing survives for further adjudication. This writ petition stands dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 28.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Secretary, Commercial Taxes and Registration (D) Department, Secretariat, Chennai - 600 005.

2. The Deputy Registrar(Chits), District Registrar Office, Civil Court Complex, Cantonment, Trichy.

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4 W.P.(MD)NO.23540 OF 2015 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.23540 of 2015 28.07.2023 4/4