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Madras High CourtWP/29178/2024dismissed

Uma Karthikeyan v. The Recovery Officer

2024-10-30Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.29178 of 2024 and W.M.P.Nos.31867 & 31869 of 2024 Uma Karthikeyan ... Petitioner Vs.

1.The Recovery Officer, Regional Office, Tambaram, Employees' Provident Fund Organization, 3, Rajaji Salai, East Tambaram, Chennai 600 045.

2.The Authorized Officer, Regional Office, Tambaram Employees' Provident Fund Organization, 3, Rajaji Salai, East Tambaram, Chennai 600 045.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records of the first respondent pertaining to notice vide No.TB/TAM/RO/RECY/CP3/512/39849/ 2024-25 dated 30.08.2024 issued by the first respondent and quash the same.

For Petitioner : Ms.R.Revathy For Respondents : Mr.R.Thirunavukarasu

O R D E R

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This Writ Petition has been filed challenging the order of the first respondent passed in No.TB/TAM/RO/RECY/CP3/512/39849/ 2024-25 dated 30.08.2024.

2. Heard Ms.R.Revathy, learned counsel for the petitioner and Mr.R.Thirunavukarasu, learned counsel for the respondents and perused the materials available on record.

3. The impugned order dated 30.08.2024 has been passed by the first respondent in the process of recovery of Employees Provident Fund dues payable by the Company called M/s.Sanra Media Limited. But the impugned order does not appear to have been served upon the petitioner. Neither the petitioner has filed this Petition in any of her capacity relating to the Company. The cause title would also show that the petitioner has described herself in her personal capacity. In the absence of the impugned order served upon the petitioner in her personal capacity, the petitioner has got no locus standi to file this Writ Petition itself.

4. Had the petitioner been served with any other notice of attachment or show cause making her answerable to the Employees Provident Fund 2/4

dues payable by the Company, it should be obligatory on the part of the petitioner to produce atleast those orders / notice. The attention of the Court was drawn to the order of this Court passed on 02.01.2023 in W.P.No.34990 of 2022. In that case, the petitioner has made a plea that he was a Nominee Director and he does not have any stake in the Company and hence, he cannot be personally liable.

5. But in the instant case, no materials have been produced before this Court to show that the first respondent has made the petitioner personally liable by issuing any of the proceedings. The petitioner has filed this Writ Petition in her personal capacity, without any cause of action.

6. In view of the above stated reasons, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Speaking order / Non-speaking order 30.10.2024 Index : Yes / No : Yes / No gsk 3/4

R.N.MANJULA , J.

gsk To 1.The Recovery Officer, Regional Office, Tambaram, Employees' Provident Fund Organization, 3, Rajaji Salai, East Tambaram, Chennai 600 045.

W.P.No.29178 of 2024 and W.M.P.Nos.31867 & 31869 of 2024 2.The Authorized Officer, Regional Office, Tambaram Employees' Provident Fund Organization, 3, Rajaji Salai, East Tambaram, Chennai 600 045.

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