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J.Siva Vs the Deputy Secretary to Government — Writ and Judicial Review | Madras HC (2025)

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Madras HC
2025
J.Siva Vs the Deputy Secretary to GovernmentJ.Siva v. the Deputy Secretary to Government

Disposed¶27

J.Siva v. the Deputy Secretary to Government

Madras HC12 Jun 2025WP/20902/2025

Case brief

AI extract

What is this about?

Writ of mandamus under Article 226; delay/non-disposal of statutory chit appeal; Arbitration Chit Appeal No.7413 of 2022 against Award dated 27.04.2022 in ARC No.67 of 2019; direction to first respondent (Deputy Secretary, Commercial Taxes and Registration Department) to decide pending appeal on merits within eight weeks; petition disposed, no costs; Madras High Court, single judge (N. Anand Venkatesh, J.), 12.06.2025; parties: J.Siva v. Deputy Secretary to Government & M/s. Dhanalakshmi Srinivasan Chits Funds (P) Ltd; advocates: M. Rajagopalakrishnan (petitioner), E. Veda Bagath Singh, Special Government Pleader (R1).

What did the court decide?

Writ petition disposed of with a direction to the first respondent to deal with the pending appeal (Arbitration Chit Appeal No.7413 of 2022) on its own merits and in accordance with law and pass final orders within eight weeks from receipt of a copy of the order; no order as to costs.

Why is it important?

The Court directed the first respondent to deal with the pending appeal on its own merits and in accordance with law, and to pass final orders within a period of eight weeks from the date of receipt of a copy of the order. ¶26

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the first respondent to deal with the pending appeal (Arbitration Chit Appeal No.7413 of 2022) on its own merits and in accordance with law and pass final orders within eight weeks from receipt of a copy of the order; no order as to costs.

Issue for consideration

Whether a writ of mandamus should be issued directing the first respondent to dispose of the petitioner's pending appeal in Chit Appeal No.7413 of 2022 within a stipulated period.

Court's answer

The Court directed the first respondent to deal with the pending appeal on its own merits and in accordance with law, and to pass final orders within a period of eight weeks from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Madras High Court (N. Anand Venkatesh, J.), by order dated 12.06.2025 in W.P.No.20902 of 2025, disposed of a writ petition under Article 226 of the Constitution of India filed by J.Siva seeking a writ of mandamus to direct the Deputy Secretary to Government, Commercial Taxes and Registration Department (first respondent) to decide the petitioner's appeal — Arbitration Chit Appeal No.7413 of 2022, preferred against the Award dated 27.04.2022 in ARC No.67 of 2019 and pending undisposed — within a stipulated period. The Court directed the first respondent to deal with the pending appeal on its own merits and in accordance with law and pass final orders within eight weeks from the date of receipt of a copy of the order. There was no order as to costs. The second respondent is M/s. Dhanalakshmi Srinivasan Chits Funds (P) Ltd.

A

W.P.No.20902 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

W.P.No.20902 of 2025

J.Siva

.. Petitioner

vs

The Deputy Secretary to Government Commercial Taxes and Registration Department Secretariat, Chennai – 600 009.

M/s. Dhanalakshmi Srinivasan Chits Funds (P) Ltd Rep. By its Foreman T Chandramohan Jayakondam Branch, Saroja Complex, No.59 First Floor, Sannathi Street Joyakondam – 621 802. .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus, directing the first respondent to dispose the appeal within stipulated period in Arbitration Chit Appeal No.7413 of 2022 in ARC No.67 of 2019.

For Petitioner : Mr.M.Rajagopalakrishnan

For Respondents : Mr.E.Veda Bagath Singh Special Government Pleader for R1

Page No.1 of 4

https://www.mhc.tn.gov.in/judis

W.P.No.20902 of 2025

ORDER

This writ petition has been filed for a writ of mandamus, directing the first respondent to dispose of the appeal filed by the petitioner pending in Chit Appeal No.7413 of 2022 on the file of the first respondent.

Heard Mr.M.Rajagopalakrishnan , learned counsel for the petitioner and Mr.E.Veda Bagath Singh , learned Special Government Pleader for the first respondent.

The petitioner filed an appeal against the Award dated 27.04.2022 passed in ARC No.67 of 2019. The said appeal is pending before the first respondent in Arbitration Chit Appeal No.7413 of 2022 and it has not been disposed till date. It is under these circumstances, the present writ petition came to be filed before this Court.

Taking into consideration the facts and circumstances of the present writ petition, there shall be a direction to the first respondent

Page No.2 of 4

https://www.mhc.tn.gov.in/judis

W.P.No.20902 of 2025

to deal with the pending appeal, on its own merits and in accordance with law, and pass final orders within a period of eight weeks from the date of receipt of a copy of this order.

5. This writ petition is disposed of with the above orders. There

shall be no order as to costs.

12.06.2025

Speaking Order/Non-Speaking Order. Internet : Yes/No. Index: Yes/No. Neutral Citation: Yes/No

drm

To

The Deputy Secretary to Government Commercial Taxes and Registration Department Secretariat, Chennai – 600 009.

Page No.3 of 4

https://www.mhc.tn.gov.in/judis

W.P.No.20902 of 2025

N.ANAND VENKATESH, J.

drm

W.P.No.20902 of 2025

12.06.2025

Page No.4 of 4

https://www.mhc.tn.gov.in/judis

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether a writ of mandamus should be issued directing the first respondent to dispose of the petitioner's pending appeal in Chit Appeal No.7413 of 2022 within a stipulated period.¶19
The court held
The Court directed the first respondent to deal with the pending appeal on its own merits and in accordance with law, and to pass final orders within a period of eight weeks from the date of receipt of a copy of the order.ratio¶26

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶12

Procedural history

How this case reached the court

AI extract

Order under challenge
Award dated 27.04.2022 passed in ARC No.67 of 2019, against which the petitioner's appeal before the first respondent remains undisposed.¶21
27.04.2022
Prior proceeding
Award dated 27.04.2022 was passed in ARC No.67 of 2019.¶21
Prior proceeding
The petitioner's appeal against the award is pending before the first respondent as Arbitration Chit Appeal No.7413 of 2022 and has not been disposed of till date, prompting the present writ petition.¶21

Parties & counsel

AI extract

petitioner
J.Siva¶7
Mr.M.Rajagopalakrishnan
respondent
The Deputy Secretary to Government Commercial Taxes and Registration Department Secretariat, Chennai – 600 009.¶10
Mr.E.Veda Bagath Singh
respondent
M/s. Dhanalakshmi Srinivasan Chits Funds (P) Ltd Rep. By its Foreman T Chandramohan Jayakondam Branch, Saroja Complex, No.59 First Floor, Sannathi Street Joyakondam – 621 802.¶11

Coram

AI extract

N.ANAND VENKATESHauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 12 Jun 2025 · June
Registered: 10 Jun 2025
Case no.: WP/20902/2025
CNR: HCMA011172682025
Topic: Writ and Judicial Review
Bench: N. Anand Venkatesh
Disposal: DISPOSED OF
Case type: W.P.

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Cite this judgement

J.Siva v. the Deputy Secretary to Government, WP/20902/2025 (MAD), decided on 12 June 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history3

Award dated 27.04.2022 passed in ARC No.67 of 2019, against which the petitioner's appeal before the first respondent remains undisposed.27.04.2022
Award dated 27.04.2022 was passed in ARC No.67 of 2019.
The petitioner's appeal against the award is pending before the first respondent as Arbitration Chit Appeal No.7413 of 2022 and has not been disposed of till date, prompting the present writ petition.

View full history

Bench / Coram

N.ANAND VENKATESH

Parties & counsel