M/S.K.Parthasarathy Spinning Mills v. The Assistant Provident Fund Comissioner (Enforcement)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.19121 of 2020 and W.M.P.Nos.23964, 23695 of 2020 & 1970 of 2021 M/s.K.Parthasarathy Spinning Mills, Represented by its Managing Partner, Mr.P.Gopalkrishna, Ganapathypalayam Post, Udumalpet - 641 122.
...Petitioner
-Vs1. The Assistant Provident Fund Commissioner (Enforcement) O/o Regional Provident Fund Commissioner, Sub Regional Office, Dr.Balasundaram Road, Coimbatore.
2. The Recovery Officer, The Employees Provident Fund Regional Office, Bhavishya Nidhi Road, Coimbatore - 641 112.
3. The Enforcement Officer, Employees Provident Fund, Pollachi.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the second respondent herein in No.TN /C B-CBE / 19246 / RECOVERY / 2020 dated 09.11.2020 wherein proclamation of auction sale of the petitioner's property has been fixed on 16.12.2020 and quash the same and consequentially direct the respondents to consider the petitioner's representation dated 30.11.2020 to extend time to remit the actual amount of contribution dues in instalments and waive interest, penal interest and damages.
For Petitioner : Dr.R.Gouri For Respondents: Mr.J.Sathya Narayana Prasad, Standing Counsel
ORDER
With the consent of both the parties, this writ petition is taken up for final disposal.
2. The prayer sought for in the Writ Petition seeking for proclamation of auction sale has become infructuous, since the date of auction, i.e., 16.12.2020 has lapsed. If at all the respondents intend to bring the subject property for auction, the same could be done only through a fresh proclamation of auction sale.
3. By placing reliance on the averments in the counter affidavit, the learned Standing Counsel appearing for the respondents would submit that the consequential prayer sought for in this Writ Petition has also become infructuous, since the petitioner's representation dated 30.11.2020 has already been disposed of on 03.12.2020.
4. In view of the same, no effective orders can be passed in the present petition. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar hvk/ata To
1. The Assistant Provident Fund Commissioner (Enforcement) O/o Regional Provident Fund Commissioner, Sub Regional Office, Coimbatore.
2. The Recovery Officer, The Employees Provident Fund Regional Office, Bhavishya Nidhi Road, Coimbatore - 641 112.
3. The Enforcement Officer, Employees Provident Fund, Pollachi.
W.P.No.19121 of 2020 & W.M.P.Nos.23964, 23695 of 2020 and 1970 of 2021 PVS(CO) RGA(13/10/2021)