Lakshmi Manikam v. Employees Provident Fund
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.08.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA and WMP.No.33016 of 2025 Lakshmi Manikam ... Petitioner Vs.
Employees Provident Fund Regional Office at 37, Royapettah High Road Opposite to Hotel Swagath, Azad Nagar Royapettah, Chennai Tamil Nadu - 600 014.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 09.07.2025 and consequently direct the respondent to settle the EPF amount to all the legal heirs and to pass such order or any other orders as this Court may deem fit and proper in the said circumstances of the case.
For Petitioner : Mr.L.Santhosh Kumar & Ms.Rajeswari Nag 1/5
ORDER
The above writ petition is filed for the following relief : "To issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 09.07.2025 and consequently direct the respondent to settle the EPF amount to all the legal heirs."
2. The petitioner herein is the mother of one deceased Jayaraman. The deceased Jayaraman was employed in a private company and he had died on 08.08.2024, leaving behind his mother, the petitioner herein, his father, his wife and a son as surviving legal heirs. The petitioner herein had sent a notice to the respondent herein on 25.10.2024 through his counsel, requiring them to furnish the details of the amount lying in the EPF account of his deceased son bearing No.100422631957 and also the procedure for the withdrawal of the same. However no response was received till date.
3. The petitioner has brought to the notice of the Court that her deceased son had nominated his wife as a nominee, who is trustee to receive the EPF amount. This was objected to by the petitioner herein. She had sent 2/5
a representation to the respondent on 09.07.2025 requesting them to disburse the EPF amount to all the legal heirs of the deceased Jayaman and not to disburse the entire EPF amount to the wife of the deceased Jayaraman, without the consent from his other legal heirs. Though the said representation was received by the respondent on 10.07.2025, the same was not considered to date. Hence, she is before this Court.
4. The contention of the petitioner is that the nominee so appointed, can be a caretaker or trustee of the asset, to ensure that the assets are secured, until they are legally transferred and divided equally to his/her legal heirs and that he/she is not conferred exclusive ownership of the assets. Therefore, she seeks a direction of this Court to the respondent to consider her representation and to divide the EPF amount of his deceased son equally to all his legal heirs, and till such time, no part of full amount of the EPF amount shall be disbursed to the nominee (wife of the deceased) so appointed by his son, without getting a consent letter from the other legal heirs.
5. Heard the learned counsel appearing for the petitioner. 3/5
6. Considering the limited scope of prayer sought for in this writ petition and without going into the merits of the case, a mandamus is issued to the respondent to consider the representation of the petitioner dated 09.07.2025, after affording an opportunity of personal hearing to all the parties concerned, and to pass a speaking order in the manner known to law, within a period of one month from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 07.08.2025 Index : Yes / No ds To:
Employees Provident Fund Regional Office at 37, Royapettah High Road Opposite to Hotel Swagath, Azad Nagar Royapettah, Chennai Tamil Nadu - 600 014.
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P.T. ASHA, J, ds 07.08.2025 5/5