Madras High CourtWP(MD)/24241/2023disposed of

Anbukkarasi. K v. The Appellate Authority

2023-10-10Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.24241 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24241 of 2023 AND W.M.P.(MD)No.20414 of 2023 K.Anbukkarasi ... Petitioner Vs.

1. The Appellate Authority, Commercial Taxes and Registration Department, Secretariat, Fort St. George, Chennai.

2. The Deputy Registrar (Chit), O/o.Deputy Registrar(Chit), Dindigul.

3. M/s.Sri Nithyakalyani Chit Funds(P) Ltd., (A Company Registered under the Indian Companies Act, 1956), Registered Office at No.33, South Veli Street, Madurai -1.

4. A.Senthil Murugan, S/o.Aathi Moolan, Foreman, Sri Nithyakalyani Chit Funds (P) Ltd., No.13/13A, Aarthy Theatre Road, XMR Patti, Dindigul District. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing to the first respondent to number the petitioner memorandum of appeal filed under Section 70 of the Chit Funds Act, 1982 1/4

2 W.P.(MD)NO.24241 OF 2023 and under Rule 58 of Tamil Nadu Chit Funds Rules, 1984 dated 15.07.2022 and to dispose of the same in accordance with law within a time limit that may be fixed by this Court as per law.

For Petitioner : Mr.C.M.Arumugam For R-1 & R-2 : Mr.K.Balasubramani, Special Government Pleader.

* * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for respondents 1 and 2.

2. The petitioner suffered an award at the hands of the second respondent in C.D.No.32 of 2022. The award was passed on 26.04.2022. The petitioner categorically states that this award copy was received on 06.05.2022. Even according to the petitioner, appeal was filed only on 15.07.2022. This is beyond the period of sixty days. The delay is rather nominal. 2/4

3 W.P.(MD)NO.24241 OF 2023

3. The petitioner is directed to file condone delay petition. The first respondent shall issue notice and after hearing the respondents, allow the same. The delay is rather nominal and that is why, I am passing the order. With this direction to the first respondent, this writ petition stands disposed of. It is open to the petitioner to file condone delay petition within a period of three weeks from the date of receipt of a copy of this order. If such condone delay petition is not filed, the order now passed shall stand automatically vacated. No costs. Consequently, connected miscellaneous petition is closed.

10.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.24241 OF 2023 G.R.SWAMINATHAN,J.

PMU To:

1. The Appellate Authority, Commercial Taxes and Registration Department, Secretariat, Fort St. George, Chennai.

2. The Deputy Registrar (Chit), O/o.Deputy Registrar(Chit), Dindigul.

W.P.(MD)No.24241 of 2023 10.10.2023 4/4