Madras High Court
K.Thiruselvi vs The Secretary To Government on 20 January, 2023
W.P.No.1171 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.1171 of 2023
and
Writ Miscellaneous Petition No.1195 of 2023
1.K.Thiruselvi
2.G.Kamaraj ... 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 demand draft D.D.No.”120278” for a sum of
Rs.5,07,500/- (Rupees Five Lakhs Seven Hundred and Five Hundred
only) dated 21.11.2022, drawn on Indian Overseas Bank, Kamaraj Road
Branch, Kumbakonam in favour of the 2nd respondent “Sree Gokulam
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.1171 of 2023
Chit and Finance Co. (P). Ltd” as per 1st respondent Appellate Authority
Order G.O.(D) No.185, dated 15.09.202 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, which was attached before
Judgment order in ARC No.253 of 2014, dated 06.03.2015 passed by the
Central Chennai Chit Funds Cases Court at Chennai in favour of the 2 nd
respondent 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 draft 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.1171 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 1st respondent.
The 1st respondent had also passed necessary orders. In accordance with
the orders, the petitioners have taken out Demand Draft for a sum of
Rs.5,07,500/- [Rupees Five Lakhs Seven Thousand and Five Hundred
only].
4. The learned counsel for the petitioners stated that the said
demand draft has been refused to be received by the 2nd respondent.
https://www.mhc.tn.gov.in/judis
W.P.No.1171 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
Draft. 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 Draft to the 2nd respondent and thereafter proceed in manner
known to law.
8. The Demand Draft cannot be deposited in Court and there
cannot be a direction to release ant title document.
9. A direction is given to the petitioner to forward the demand
draft 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.1171 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
(1/3)
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.1171 of 2023
C. V. KARTHIKEYAN,J.
ssi
W.P.No.1171 of 2023
and
W.M.P.No.1195 of 2023
20.01.2023
(1/3)
https://www.mhc.tn.gov.in/judis
