M.Malarmani,S/O.Muthan, v. The Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2018
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.9533 of 2018 M.Malarmani
...Petitioner
-Vs1. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Employees Provident Fund Trust, Represented by its Managing Trustee / Chairman, Kumbakonam.
2. The Financial Controller and Chief Accounts Officer, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.
3. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Pudukottai.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to sanction and grant provident fund advance to the tune of Rs.3,00,000/- to the petitioner from the petitioner's provident fund contribution for the construction of house and for the marriage expenses of the petitioner's daughter within the time stipulated as fixed by this Court.
For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman, Standing Counsel
ORDER
The prayer sought for in this Writ Petition is for a writ of Mandamus, to direct the respondents to sanction and grant provident fund as advance to the tune of Rs.3,00,000/- to the
petitioner from the petitioner's Provident Fund Contribution for the construction of house and for the marriage expenses of the petitioner's daughter, within the time stipulated as fixed by this Court.
2.Heard Mr.A.Rahul, learned counsel appearing for the petitioner, and Mr.D.Sivaraman, learned Standing Counsel, who takes notice on behalf of the respondents.
3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 4.The learned counsel appearing for the petitioner would submit that the petitioner made a request on 11.11.2017 to withdraw a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) from the provident fund as advance for the purpose of marriage expenses of his daughter. Though the said request had been made through a representation, the same has not been considered, so far. Therefore, if a direction is given to the first respondent to consider the said request of the petitioner and an order to that effect is directed to be passed, the petitioner would be satisfied.
5.The learned Standing Counsel appearing for the respondents submitted that the request of the petitioner dated 11.11.2017 would be considered on merits and an order to that effect would be passed, within a time frame to be stipulated by this Court.
6.Considering the said submissions made by the learned counsel appearing on both sides, this Court is inclined to dispose of this Writ Petition with the following direction:- "that the first respondent is directed to consider the request of the petitioner, dated 11.11.2017 with regard to the withdrawal of provident fund as advance for the purpose of marriage expenses of his daughter and take a decision thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."
No costs.
Sd/- Assistant Registrar(T & P) /True Copy/ Sub Assistant Registrar
1. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Employees Provident Fund Trust, Represented by its Managing Trustee / Chairman, Kumbakonam.
2. The Financial Controller and Chief Accounts Officer, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.
3. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Pudukottai.
+1cc to Mr.A.RAHUL, Advocate in SR.No.63812 +1cc to Mr.D.SIVARAMAN, Advocate in SR.No.63668 ta SB/KKR/SAR3/28.05.2018/3P/6C W.P.(MD)No.9533 of 2018