M/S.Booma Realty Private Ltd. v. Mr.K.K.Jalan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.03.2016 Coram The Hon'ble Mr.Justice T.S.SIVAGNANAM Writ Petition No.20140 of 2015 M/s. Booma Realty Private Ltd rep by its Director P.K.Ganeshwar No.21, Pollachi road Palladam Tiruppur District
...Petitioner
Vs.
1. Mr.K.K.Jalan Central Provident Fund Commissioner Central PF Commissioner Office Bihiji Cama Place New Delhi 2.Mr.O.K.Anil The Regional PF Commissioner EPF Organization Regional Office Dr.Balasundaram Road Coimbatore -18 3.The Recovery Officer EPF Organization Regional Office Dr.Balasundaram Road Coimbatore-18 4.The Sub-Registrar Kaniyur Udumalpet Taluk Tiruppur District
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents to issue suitable orders to the 4th respondent to raise the attachment of the properties of the petitioner in S.F.Nos.101/A, 103/A1, 102/A2 of Agraharam, Kannadiputhur
Village (Krishnapuram in Madathukulam) Udumalpet Taluk, Coimbatore District to an extent of 25.35 acres. For Petitioner : Ms.S.Gunalan For Respondents : Ms.R.Meenakshi for R2 and 3 Mr.R.Rajeswaran, Spl.G.P for R2
O R D E R
Petitioner establishment has filed this writ petition praying for issuance of writ of Mandamus to direct the respondents to issue suitable orders to the 4th respondent, The Sub-Registrar, Kanniyur, Udumalpet Taluk, to raise the attachment on the properties of the petitioner in S.F.Nos.101/A, 103/A1, 102/A2 of Agraharam, Kannadiputhur Village (Krishnapuram in Madathukulam) Udumalpet Taluk, Coimbatore District to an extent of 25.35 acres.
2. Petitioner's case is based on an order passed by the Appellate Tribunal, under the Employees Provident Fund Act, by which the Appellate Tribunal has granted relief to the petitioner. The said order passed by the Appellate Tribunal was subject matter of challenge by the EPF organization by filing a writ petition in W.P.No.15569 of 2012 which was dismissed by an common order dated 19.02.2013 along with W.P.No.34966 of 2012. The respondent organization has now preferred an appeal as against the same before the Hon'ble Division Bench in Writ Appeal No.1286 of 2013 which is still pending. That apart the learned counsel for the respondent organization submits that there were earlier orders and the petitioner also filed an appeal against the same before the Tribunal.
However, these facts need not be gone into at this stage, and it is suffice to note that the matter is now ceased of by the Hon'ble Division Bench, hence whatever relief the petitioner's want, he can plead in the pending appeal, since the correctness of the orders passed in Writ petitions by order dated 19.02.2013 is being tested by the Hon'ble Division Bench.
3. Accordingly, writ petition is closed, leaving it open to the petitioner to move the Hon'ble Division Bench for appropriate order. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar kpr
To 1.The Central Provident Fund Commissioner Central PF Commissioner Office Bihiji Cama Place New Delhi 2.The Regional PF Commissioner EPF Organization Regional Office Dr.Balasundaram Road Coimbatore -18 3.The Recovery Officer EPF Organization Regional Office Dr.Balasundaram Road Coimbatore-18 4.The Sub-Registrar Kaniyur,Udumalpet Taluk Tiruppur District +1 cc to Mr.R.Meenakshi Advocate vide sr.13204 +1 cc to M/s.S.Gunalan Advocate vide sr.13349 Writ Petition No.20140 of 2015 aa16/03/2016