Nadar Mahajana Sangam, v. The Assistant Provident Fund

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2022

CORAM

THE HON'BLE MR.JUSTICE MRS.JUSTICE S.SRIMATHY and M.P.(MD)No.2 of 2012 Nadar Mahajana Sangam S.Vellaichamy Nadaaar College, Nagamalai Pudukottai, Madurai District, Through its COrrespondence/Secretary ... Petitioner Vs.

1. The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Lady Doak College Road, Chokkikulam, Madurai - 625 002.

2. The Recovery Officer, Employees Provident Fund Organization, Lady Doak College Road, Chokkikulam, Madurai - 625 002.

3. The Branch Manager, Tamil Nadu Mercantile Bank Ltd., Nagamalai Pudukottai, Madurai.

... Respondents 1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records from the file of the second respondent herein the proceedings bearing in No.M2/TN/MDU/57354/Recy/RO/2012, dated 22.03.2012 and quash the same and direct the first and second respondents to refund the amount of Rs. 9,57,774/- collected from the third respondent Bank from the petitioner's account with interest of 18% and damages for the illegal collection of Rs. 3,01,776/- . For Petitioner : Mr.P.Chandra Bose For R1 & R2 : Mr.Karthi For R3 : M/S.S.Anu

ORDER

This Writ Petition is filed to quash the impugned order, dated 22.03.2012, with the consequential relief and direct the respondents to refund the amount of Rs.9,57,774/- collected from the third respondent Bank from the petitioner's account with 18% interest and damages for the illegal collection of Rs.3,01,776/-.

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2. The learned Counsels appearing for the petitioner as well as the respondents submitted that already the respondents have refunded the amount which was collected illegally. Therefore, nothing survives for adjudication.

3. Recording the said submission, this Writ petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

15.09.2022 Index :

Yes / No Internet :

Yes / No jbr To

1. The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Lady Doak College Road, Chokkikulam, Madurai - 625 002.

2. The Recovery Officer, Employees Provident Fund Organization, Lady Doak College Road, Chokkikulam, Madurai - 625 002.

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S.SRIMATHY, J jbr

3. The Branch Manager, Tamil Nadu Mercantile Bank Ltd., Nagamalai Pudukottai, Madurai.

Order made in 15.09.2022 4/4