Madras High CourtWP(MD)/4661/2020disposed of

Karthikeyan v. The Managing Director

2020-03-11Honourable Mrs Justice J. Nisha Banu2 pages

W.P(MD)No.4661 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.4661 of 2020 Karthikeyan ... Petitioner vs.

1)The Managing Director, Tamilnadu State Transport Corporation, (Kumbakonam Ltd.,) Pudukottai Region, Pudukottai District.

2)The General Manager, Tamilnadu State Transport Corporation, (Kumbakonam Ltd.,) Pudukottai Division, Pudukottai.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pay Rs.3,00,000/- as loan from the petitioner's Provident Fund Account No.2524-17594 with regard to the petitioner's daughter's education expenses and the petitioner's house expenses based on the petitioner's representation dated 03.07.2019 within a time fixed by this Hon'ble Court.

For Petitioner : Mr.D.Anbarasu For Respondents : Mr.P.Balasubramanian, standing counsel

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to pay Rs.3,00,000/- as loan from the petitioner's Provident Fund Account No.2524-17594 for his daughter's educational expenses and for his house expenses based on his representation dated 03.07.2019 within a time frame to be fixed by this Court.

2.The petitioner submits that he is working as a Conductor in the respondent's corporation. For constructing his house and for his daughter's studies, the petitioner borrowed huge amount from the money lenders and he is not able to pay the huge interest to the money lenders. Therefore, the petitioner applied for loan from his Provident Fund Account No.2524-17594, but the respondents corporation has not allowed the petitioner to utilise the facility available to the petitioner and he had given a representation to the respondents in this regard, but the same has not been considered by https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.4661 of 2020 the respondents till date and therefore, the petitioner has come up with the present writ petition.

3.Learned standing counsel for the respondents corporation would submit that the petitioner has not made any such request in the prescribed format and therefore, they are not able to consider the same and if the petitioner submits his request in a prescribed format, the respondents would consider the same immediately. 4.Recording the submission made by the learned standing counsel appearing for the respondents, the petitioner is directed to submit a fresh application to the respondents seeking loan from his Provident Fund Account in the prescribed format forthwith. On receipt of such application, the respondents shall consider the same on merits and in accordance with law and sanction the loan within a period of eight weeks from the date of receipt of the application from the petitioner.

5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) bala To 1)The Managing Director, Tamilnadu State Transport Corporation, (Kumbakonam Ltd.,) Pudukottai Region, Pudukottai District.

2)The General Manager, Tamilnadu State Transport Corporation, (Kumbakonam Ltd.,) Pudukottai Division, Pudukottai.

+1 CC to M/s.D.ANBARASU, Advocate ( SR-11025[F] dated 11/03/2020 ) +1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-11399[F] dated 12/03/2020 ) W.P(MD)No.4661 of 2020 DATED : 11.03.2020 AP(28/05/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2