M/S. Sri Ramalinga Mills Limited B Unit v. Regional Provident Fund Commissioner-Ii

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and W.M.P.(MD)No.1608 of 2025 M/s.Sri Ramalinga Mills Ltd, " B" Unit, 1, Sayalgudi Road, Savvaspuram Village, Kulasekaranallur, Ramasamy Nagar, Aruppukottai-626 105, Virudhunagar District.

... Petitioner Vs.

1.Regional Provident Fund Commissioner-II, Employees Provident Fund Organization, Regional Office, Lady Doak College Road, Chokkikulam, Madurai-625 002.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent in his proceedings No.MD/MDU/PDC/M-6/37930/7Q/2023, dated 01.10.2024 and the consequential impugned order passed by the 2nd respondent in No.MD/MDU/RO/PDC/M-6/37930/8F/2025, dated 07.01.2025 and quash the same as illegal and consequently, to direct the respondents to accept the 1/4

payment of demanded interest amount of Rs.42,19,914/- in 40 monthly installments.

For Petitioner : Mr.M.E.Ilango For Respondents : Mr.R.Ravi Kumar

ORDER

This Writ Petition is filed challenging the order of the 1st respondent dated 01.10.2024 and consequential order of the 2nd respondent dated 07.01.2025.

2.Though this Writ Petition is filed for larger relief, today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that the petitioner is now ready and willing to pay a sum of Rs.42,19,914/- in monthly installments, for which, he seeks 40 months time, since he is facing severe financial crisis.

3.The learned counsel appearing for the respondents has opposed for granting 40 months time, since it is too long. He would submit that the petitioner may be permitted to pay the said amount in 10 monthly installments. 2/4

4.Considering the difficulty expressed by the learned counsel for the petitioner, this Court passes the following order:- (i)The petitioner is permitted to pay a sum of Rs.42,19,914/- to the respondents in 14 monthly installments;

(ii)In the first 13 installments, the petitioner has to pay a sum of Rs.3,00,000/-;

(iii)In the 14th installment, the petitioner has to pay a sum of Rs.3,19,914/-;

(iv)The installment amount shall be paid by the petitioner on or before 10th day of every English calender month; and (v)The first installment starts from the month of February 2025. 5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 28.01.2025 NCC : Yes / No Index : Yes / No Yuva 3/4

KRISHNAN RAMASAMY, J Yuva 28.01.2025 4/4