Madras High CourtWP(MD)/473/2013dismissed as infructuous

Sri Naga Nanthana Mills Ltd., v. The Presiding Officer

2022-08-23Honourable Mr Justice G. Chandrasekharan4 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 23.08.2022

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN and M.P(MD)No.1 of 2013 Sri Naga Nanthana Mills Limited, Vakkanankundu - Aruppukottai Taluk, Virudhunagar District, Represented by its Director.

... Petitioner Vs 1.The Presiding Officer, Employees' Provident Appellate Tribunal, Scope Minor, Core - II - 4th Floor, Lakshmi Nagar, New Delhi - 110 092.

2.The Regional Provident Fund Commissioner, Employees' Provident Fund Organization, Regional Office, Lady Doak College Road, Chokkikulam, Madurai - 625 002.

3.The Recovery Officer, Employees' Provident Fund Organization, Regional Office, Madurai - 2.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records from the file of the first respondent herein in ATA.No. 99(13) of 2011, dated 14.02.2012 and quash the same and direct the second and third respondents to refund the amount of Rs. 1,91,716/- collected from the petitioner with interest of 18%. 1/4

For Petitioner : Mr.P.Chandra Bose For RR 2 & 3 : Mr.K.Murali Sankar

ORDER

This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the order of the first respondent in ATA.No.99(13) of 2011, dated 14.02.2012 and directing the second and third respondents to refund the amount of Rs.1,91,716/- collected from the petitioner with interest at the rate of 18% p.a.

2. When the matter is taken up for hearing today, learned counsel appearing for the respondents 2 and 3 submitted that the petitioner had paid the entire dues and the relief sought for in the Writ Petition has become infructuous and therefore, nothing survives for adjudication in the Writ Petition.

3. Learned counsel appearing for the petitioner also concedes that the amount has been paid.

4. In view of the payment of the dues and the submissions of the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 and 2, this Writ 2/4

Petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 23.08.2022 Internet :Yes Index :Yes / No ps 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.

To 1.The Presiding Officer, Employees' Provident Appellate Tribunal, Scope Minor, Core - II - 4th Floor, Lakshmi Nagar, New Delhi - 110 092.

2.The Regional Provident Fund Commissioner, Employees' Provident Fund Organization, Regional Office, Lady Doak College Road, Chokkikulam, Madurai - 625 002.

3.The Recovery Officer, Employees' Provident Fund Organization, Regional Office, Madurai - 2.

3/4

G.CHANDRASEKHARAN, J.

ps Order made in 23.08.2022 4/4