Fuso Glass India Pvt.Ltd., v. Regional Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023 CORAM :
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Writ Petition Nos.14622 & 14623 of 2013 and M.P.Nos.1,2,3 and 4 of 2013 Fuso Glass India Pvt Ltd By its Manager-Liaisoning Mr.K.Kasirajan Plot No.D3, SIPCOT Industrial Park Irungattukottai, Sriperumbudur-602 105.
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Petitioner -Vs1.Regional Commissioner Employees' Provident Fund Organization Sub Regional Office-Ambattur R-40A, T.N.H.B.Shopping Cum Office Complex, Mugappair (East), Chennai 600 037.
... Sole respondent in W.P.No.14623 and R1 in W.P.No.14622 of 2013 2.Chief Manager Indian Overseas Bank Purasawalkam Branch 15, Hunters Road Purasawalkam, Chennai 600 112.
....
R2 in W.P.No.14622 of 2013.
Prayer in W.P.No.14622 of 2023 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records of the 1st respondent in TN/SRO/AMB/65598/CC-I/A-5/2013 dated 02.05.2013 and quash the same as arbitrary and in violation of the principles of natural justice against the provisions of law. 1 / 5
Prayer in W.P.No.14623 of 2023 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records of the 1st respondent in TN/SRO/AMB/65598/CC-I/Area 5/2013 dated 08.04.2013 and quash the same as arbitrary and in violation of the principles of natural justice and against the provisions of law. In Both W.Ps.
For Petitioner : Mr.T.V.Lakshmanan For Respondents : Ms.Sunita Kumari - for R1 Mr.F.B.Benjamin George - for R2 C O M M O N O R D E R The petitioner challenges the orders of the first respondent dated 08.04.2013 and 02.05.2013 on the ground it is in violation of the principles of natural justice and also on the ground that the petitioner was never put on notice prior to passing the order. On this ground he moved a review and since the first respondent was attempting to enforce the order, he moved the present writ petitions.
2. At the time of final hearing of this writ petition, Mr.F.B.Benjamin George learned counsel for the 2nd respondent would submit that the two cheques which had been given towards discharge of the liability has already been encashed by 2 / 5
the 1st respondent and that he is only a formal party.
3. Ms.Sunita Kumari, learned counsel appearing for the 1st respondent would submit that the review proceedings which had been initiated on 17.05.2013 had been dismissed on 31.05.2013.
4. Mr.T.V.Lakshmanan, learned counsel for the petitioner would submit that he was never put on notice prior to the passing of the order and worse, he has not even received the order dated 31.05.2013. He would attack the order passed in the review proceedings also saying that it is in violation of the principles of natural justice.
5. Unfortunately I cannot increase the scope of this writ petition and set aside the order passed in the review proceedings which has not been put to challenge before me. However, I would record that if the order has not been communicated, then the order would never come into effect. An uncommunicated copy in the file of the respondent is no order at all. It is not enforceable against the person to whom it is addressed unless it is communicated. The ground that the petitioner was not heard before the order was passed is at best to be raised in a fresh writ petition or any other proceedings that the petitioner may initiate challenging the order dated 3 / 5
31.05.2013, if so advised. I also have to place on record the fact that Ms.Sunita Kumari has handed over a photocopy of the order dated 31.05.2013 to the learned counsel for the petitioner. In case the order has not been served, the petitioner would be entitled to exclude the time from 31.05.2013 till date for the purpose of challenging the order.
6. With the above observation, these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed. 14.06.2023 Index : Yes/No Speaking Order / Non-speaking order KST To 1.Regional Commissioner Employees' Provident Fund Organization Sub Regional Office-Ambattur R-40A, T.N.H.B.Shopping Cum Office Complex, Mugappair (East), Chennai 600 037.
2.Chief Manager Indian Overseas Bank Purasawalkam Branch 15, Hunters Road Purasawalkam, Chennai 600 112.
4 / 5
V. LAKSHMINARAYANAN, J.
KST W.P.Nos. 14622 & 14623 of 2013 14.06.2023 5 / 5