Madras High CourtWP(MD)/28702/2023disposed of

U.Nagarani v. The Deputy Registrar Of Chits

2023-12-06Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.24738 & 24740 of 2023 1.U.Nagarani 2.N.Chelliah ... Petitioners Vs.

1.The Deputy Registrar of Chits, Madurai North, Madurai.

2.The Sub Registrar Joint No.1, Sub Registrar Office, Karaikudi-630003.

3.M/s.Visalam Chit Funds, 13A Prasanth Road, Narimedu, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned award dated 30.09.2015 in Chit OP.No.17 of 2015 on the file of the 1st respondent and quash the same and consequently direct the 1st respondent to rehear the said Chit OP. 1/4

For Petitioners : Mr.V.R.Shanmuganathan For Respondents : Mr.V.Nirmal Kumar Government Advocate for R1 & R2

ORDER

Heard the learned counsel for the petitioners and the learned Government Advocate for R1 & R2.

2. The impugned award is appealable before the Government. The petitioners are given liberty to file an appeal. If such an appeal is filed within four weeks from the date of receipt of a copy of this order, considering the fact that the petitioners have paid the principal amount, the appellate authority may favorably consider the condonation of delay. The petitioner's counsel states that they will file an appeal before the Government within two weeks from the date of receipt of a copy of this order. The Executing Court is requested to defer the execution proceedings for a reasonable period so as to enable the petitioners to exhaust their appeal remedy.

3. With this observation in favour of the petitioners, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

06.12.2023 Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 08.12.2023 2/4

To 1.The Deputy Registrar of Chits, Madurai North, Madurai.

2.The Sub Registrar Joint No.1, Sub Registrar Office, Karaikudi-630003.

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G.R.SWAMINATHAN, J.

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