Madras High CourtWP(MD)/4250/2022disposed of

Sankar.A v. The Chairman

2022-03-10Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.4250 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.4250 of 2022 A.Sankar ... Petitioner Vs.

The Chairman, Employees Provident Fund Trust, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai.

... Respondent Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent to sanction and allow the petitioner to withdraw a sum of Rs.2,50,000/- from and out of the petitioner's own accumulation of Provident Fund contribution available to the credit of the respondent for the marriage of his daughter within the time limit that may be stipulated by this Court.

For Petitioner :

Mr.G.M.Xavier For Respondents :

Mr.J.Senthil Kumariah

O R D E R

The relief sought for in the present Writ Petition is to sanction and allow the petitioner to withdraw a sum of Rs.2,50,000/- from and out of the petitioner's own accumulation of Provident Fund contribution.

2. The petitioner is working as a Driver in the respondent Corporation. The petitioner states that he had conducted the marriage of his daughter in January 2022 and borrowed huge amount from the neighbours. In order to settle those amount, he has submitted an application for withdrawal of Provident Fund contribution. However, the respondent has not taken any action. The right of loan under the Provident Fund contribution cannot be denied. The petitioner is claiming his own contribution. Therefore, the respondent is bound to consider the same. Accordingly, the respondent is directed to consider the application and permit the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.4250 of 2022 petitioner to withdraw the eligible amount from the Provident Fund contribution within a period of eight weeks from the date of receipt of a copy of this order.

3. Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar To The Chairman, Employees Provident Fund Trust, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai.

W.P.(MD) No.4250 of 2022 10.03.2022 SSB MS/18.03.2022/2P.2C https://hcservices.ecourts.gov.in/hcservices/ 2/2