D RAJALINGAM Vs. GOVERNMENT OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT COMMERCIAL TAXES AND RELIGIOUS ENDOWMENTS FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) THE writ petitions are filed challenging the orders of the first respondent rejecting the appeals filed by the petitioners as belated.

(2.) IN all these cases, the petitioners, the subscribers of chits, aggrieved by the order of the Arbitrator, the second respondent filed appeals to the Government under Section 70 of the Chit Funds Act, 1982 along with their applications for condonation of delay. The appeals and the applications were rejected by the Government stating that the applications for condonation of delay are not supported by valid reasons and no documentary evidence was produced to condone the delay in filing the appeals. Challenging the same, the writ petitions have been filed.

(3.) IN the counter affidavit filed by the respondents a plea has been taken that notices were sent to the petitioners, but the said notices were refused by the petitioners. But that statement is not supported by material documents. IN the absence of the same, this court is not inclined to accept such statement made in the counter affidavit. The orders under challenge rejecting the appeals on the ground that sufficient cause has not been shown is perverse and without application of mind. Learned Counsel for the petitioners also brought to the notice of this court the order passed by the Division Bench of this court in similar set of facts in W.A.No.231 of 2004 dated 8.4.2010 wherein the order of the first respondent has been set aside.