M/S.East Coast Construction v. The Assistant Pf Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.Nos.16164 and 16165 of 2017 and W.M.P.Nos.17464 and 17465 of 2017 M/s.East Coast Construction & Industries Limited, Rep. by its Director Mr.S.A.Mohammed Mohideen, Buhari Buildings, Chennai - 600 006.

... Petitioner in both W.Ps.

Vs.

1. The Assistant PF Commissioner, Employees' Provident Fund Organisation, 37, Royapettah High Road, Chennai - 600 014.

2. The Recovery Officer, Employees' Provident Fund Organisation, 37, Royapettah High Road, Chennai - 600 014.

... Respondents in both W.Ps.

Prayer in W.P.No.16164 of 2017: Writ Petitions filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records of the 1st respondent in Lr.No.TN/11677/D-17/MAS/PDC/2016 dated 25.08.2016 in proceeding under Section 7Q of the EPF & MP Act, levying an amount of Rs.4,96,906/- as interest on belated remittances for the period from November 2014 to November 2015 and quash the same since the petitioner has made the payment belatedly. Prayer in W.P.No.16165 of 2017: Writ Petitions filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records of the 1st respondent in Lr.No.TN/11677/D-17/MAS/PDC/2016 dated 25.08.2016 in proceeding under Section 14B of the EPF & MP Act, levying an amount of Rs.10,11,606/- as interest on belated remittances for the period from November 2014 to November 2015 and quash the same since the petitioner has made the payment belatedly. For Petitioner in both W.Ps.

: Mr.P.J.Rishikesh https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER Admittedly, the order impugned is appealable. Therefore, this Court is not inclined to entertain these writ petitions in view of the effective and efficacious remedy. Accordingly, the writ petitions stand disposed of giving a further period of four weeks from the date of receipt of a copy of this order to the petitioner to file a statutory appeal. As and when such an appeal is filed, the same would be taken on file subject to the other compliance and without rejecting on the ground of limitation. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar cse To

1. The Assistant PF Commissioner, Employees' Provident Fund Organisation, 37, Royapettah High Road, Chennai - 600 014.

2. The Recovery Officer, Employees' Provident Fund Organisation, 37, Royapettah High Road, Chennai - 600 014.

+2ccs to Mr.P.J.Rishikesh, Advocate, S.R.No.45145 W.P.Nos.16164 and 16165 of 2017 and W.M.P.Nos.17464 and 17465 of 2017 CS/18/07/17 https://hcservices.ecourts.gov.in/hcservices/