W.P.(MD).No.1273 of 2012

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 15.06.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

W.P.(MD).No.1273 of 2012

and

M.P(MD)Nos.2 of 2012 & 1 of 2014

R.J.K.Thilak

... Petitioner

Vs.

1.The Secretary to Government,

Commercial Taxes and Registration Department,

Chennai-9.

2.The Arbitrator/Chit Registrar,

Central Chennai Chit Funds Cases,

Chennai.

3.Sree Gokulam Chits Finance Limited,

49, Arcot Road,

Chennai-24.

... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution

of India, praying this Court to issue a Writ of Certiorari,

calling for the records pertaining to the award in

A.R.C.No.1224/2009, dated 05.01.2010 on the file of the second

respondent and the subsequent rejection of the appeal in letter

No.17926/G/2010-1, dated 25.11.2010 on the file of the first

respondent and quash the same.

For Petitioner

: Mr.A.Rajkumar Sen

For R-1 & R-2

: Mr.D.Sasikumar

Additional Government Pleader

For R-3

: No appearance

ORDER

The present Writ Petition has been filed challenging an

order passed by the first respondent herein, under which the appeal

presented by the writ petitioner under Section 70 of the Chit Funds

Act, 1982 has been rejected on the ground that it is barred by

limitation.

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W.P.(MD).No.1273 of 2012

2. The petitioner suffered an order in ARC.No.1224 of 2009 on

05.01.2010 before the second respondent. As against the orders of

the second respondent, the petitioner is entitled to file a

statutory appeal under Section 70 of the Chit Funds Act, 1982 within

a period of two months from the date of award to the state

Government. Admittedly, in the present case, the petitioner has

chosen to file an appeal to the first respondent on 08.11.2010,

which is clearly beyond the period prescribed under Section 70 of

the Chit Funds Act.

3. It is a settled position of law that where an outer time

limit is fixed in a statute for entertaining an appeal, this Court

cannot exercise its discretion and direct the authorities to condone

the delay and entertain the appeal. In view of the settled position

of law, there is no scope for interfering the impugned order.

4. The Writ Petition stands dismissed. No costs. Consequently,

connected Miscellaneous Petitions are closed.

Sd/-

Assistant Registrar(CS-II)

// True Copy //

/07/2022

Sub Assistant Registrar(CS)

btr

Note :

In view of the present lock down owing to COVID-19

pandemic, a web copy of the order may be utilized for

official purposes, but, ensuring that the copy of the

order that is presented is the correct copy, shall be

the responsibility of the advocate / litigant

concerned.

To

1.The Secretary to Government,

Commercial Taxes and Registration Department, Chennai-9.

2.The Arbitrator/Chit Registrar,

Central Chennai Chit Funds Cases, Chennai.

+1 CC to M/s.A. SIVAJI, Advocate ( SR-25872[F] dated 15/06/2022 )

+1 CC to M/s.SPL.GP ( SR-26103[F] dated 16/06/2022 )

Order made in

W.P.(MD).No.1273 of 2012

15.06.2022

ck(CO)

TR(05.07.2022) 2P 5C

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