Velmurugan.V v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD).No.812 of 2021 V.Velmurugan

...Petitioner

Vs.

1.The Registrar, Manonmaniam Sundaranar University, Tirunelveli District - 627 012.

2.The Regional Provident Fund Officer, Employee's Provident Fund Organization, Sub Regional Office, Bhavishya Nidhi Bhavan, NGO "B" Colony, Tirunelveli - 627 007.

.. Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent herein to produce the Employee Provident Fund Subscription documents of the petitioner before the 2nd respondent and consequently direct the respondents to set right the mistake they have committed in accumulating the Employee Provident Fund amount of the petitioner for the period of 01.04.2004 to 21.08.2008 which has been wrongly credited in the Account Number TNY/55334/313 instead of Account Number TNY 55334/525 based on the petitioner's representation dated 28.01.2019. For Petitioner : Mr.D.Geetha

O R D E R

By considering the facts and circumstances of this case, notice to the respondent is dispensed with and this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the respondents to produce the Employee Provident Fund Subscription documents of the petitioner before the 2nd respondent and to set right the mistake they have committed in accumulating the Employee Provident Fund amount of the petitioner for the period of 01.04.2004 to 21.08.2008 which has been wrongly credited in the Account Number TNY/55334/313 instead of Account Number TNY 55334/525, were not considered, the Writ Petition has been filed. According to the petitioner, he has made an representation in this regard on 28.01.2019, which is still pending.

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3. It is needless to point out that whenever an representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, it would be appropriate to direct the respondents herein to consider the petitioner's representation dated 28.01.2019, within a stipulated time and thereby the ends of justice could be secured. 5.Accordingly, there shall be a direction to the respondents to consider the petitioner's representation dated 28.01.2019, on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Registrar, Manonmaniam Sundaranar University, Tirunelveli District - 627 012.

2.The Regional Provident Fund Officer, Employee's Provident Fund Organization, Sub Regional Office, Bhavishya Nidhi Bhavan, NGO "B" Colony, Tirunelveli - 627 007.

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