Madras High Court
G.Kamaraj vs The Secretary To Government on 20 January, 2023
W.P.No.1194 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2023
CORAM
THE HON'BLE MR. JUSTICE C. V. KARTHIKEYAN
Writ Petition No.1194 of 2023
and
Writ Miscellaneous Petition No.1224 of 2023
1.G.Kamaraj
2.K.Thiruselvi ... Petitioners
Versus
1. The Secretary to Government,
Government of Tamil Nadu,
Commercial Taxes and Registration (G) Department,
Secretariat, Chennai – 600 009.
2. M/s.Sree Gokulam Chit and Finance Company (P) Ltd.,
No.49, Arcot Road, Kodambakkam,
Chennai – 600 024. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the 1st respondent to
dispose the petitioner's representation dated 06.12.2022 and permit the
petitioners to deposit the two demand drafts (1) D.D.No.”120279” dated
21.11.2022 for a sum of Rs.9,00,000/- and (2) D.D.No.”120280” dated
21.11.2022 for a sum of Rs.9,13,455/- totally, Rs.18,13,455/- [Rupees
Eighteen Lakhs Thirteen Thousand Four Hundred and Fifty Five only]
drawn on Indian Overseas Bank, Kamaraj Road Branch, Kumbakonam
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.1194 of 2023
in favour of the 2nd respondent “Sree Gokulam Chit and Finance Co. (P).
Ltd” as per 1st respondent Appellate Authority Order G.O.(D) No.228,
dated 10.11.2022 before this Hon'ble Court and directing the 2nd
respondent to release the original Sale Deed document,
Doc.No.169/1991, dated 10.02.1991, belongs to the 2nd petitioner which
was attached before Judgment in ARC No.253 of 2014, dated 06.03.2015
the same document given in collateral in Chit Group Series No.G2L 573,
Ticket No.7 bu the Central Chennai Chit Funds Cases Court at Chennai
in favour of Sree Gokulam Chit and Finance Co (P) Ltd., registered
before the Kumbakonam, Joint Registrar-I, dated 09.03.2015
Doc.No.2/2015 reflected in encumbrance Certificate, dated 26.11.2022.
For Petitioners : Mr.D.Dhayalan
For Respondents : Mrs.P.Rajarajeswari,
Government Advocate
ORDER
The Writ Petition has been filed in the nature of a Writ of
Mandamus seeking a direction against the 1st respondent to dispose of a
representation dated 06.12.2022 and permit the petitioners to deposit the
demand drafts in accordance with the directions of the 1st respondent,
before this Court and consequently, direct the 2nd respondent to release
the Title Deeds of the property of the petitioners.
https://www.mhc.tn.gov.in/judis
W.P.No.1194 of 2023
2. The petitioners had participated in a Chit Fund offered by the
2nd respondent. The money became due. They had to pay out the Chit
Fund. They failed to do so. Therefore, the 2nd respondent had initiated as
arbitration proceedings before the Arbitrator for Central Chennai Chit
Fund Cases Court in Chennai. The petitioners had suffered an award
before the said Arbitrator.
3. Thereafter, they had filed an appeal before the 1 st respondent.
The 1st respondent had also passed necessary orders. In accordance with
the orders, the petitioners have taken out demand drafts for a sum of
Rs.18,13,455/- [Rupees Eighteen Lakhs Thirteen Thousand Four
Hundred and Fifty Five only].
4. The learned counsel for the petitioners stated that the said
demand drafts have been refused to be received by the 2nd respondent.
https://www.mhc.tn.gov.in/judis
W.P.No.1194 of 2023
5. It is purely a contractual issue between the petitioners and the
2nd respondent.
6. The choice is left with the 2nd respondent to receive the Demand
Drafts. They must either receive it or they must give an explanation why
they are not receiving it.
7. The petitioners are therefore directed to again forward the
Demand Drafts to the 2nd respondent and thereafter proceed in manner
known to law.
8. The Demand Drafts cannot be deposited in Court and there
cannot be a direction to release any title document.
9. The direction is given to the petitioners to forward the demand
drafts to the 2nd respondent and to the 2nd respondent to take necessary
steps in accordance with such payment made by the petitioners.
https://www.mhc.tn.gov.in/judis
W.P.No.1194 of 2023
10. The Writ Petition stands disposed of on the above said terms.
No order as to costs. Conseqently, the connected miscellaneous petition
stands closed.
20.01.2023
(2/3)
ssi
Index : Yes/No
Internet : Yes/No
Neutral Citation Case: Yes/No
To:
1. The Secretary to Government,
Government of Tamil Nadu,
Commercial Taxes and Registration (G) Department,
Secretariat, Chennai – 600 009.
https://www.mhc.tn.gov.in/judis
W.P.No.1194 of 2023
C. V. KARTHIKEYAN,J.
ssi
W.P.No.1194 of 2023
and
W.M.P.No.1224 of 2023
20.01.2023
(2/3)
https://www.mhc.tn.gov.in/judis
