K.Kannan v. The Chairman
W.P(MD)No.15977 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.15977 of 2020 K.Kannan ... Petitioner Vs.
1.The Chairman, Employees Provident Fund Section, Tamil Nadu State Transfort Corporation (Madurai) Ltd., Head Office, Byepass Road, Madurai.
2.The Deputy Manager, Employees Provident Fund Section, Tamil Nadu State Transport Corporation (Madurai) Ltd., Head Office, Byepass Road, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to sanction loan amount of Rs.5,00,000/- from employees contribution in the petitioner's E.P.F.account within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.M.Xavier For Respondents : Mr.J.Senthilkumaraiah Standing Counsel
ORDER
Seeking a direction to the first respondents to sanction loan amount of Rs.5,00,000/- from employees contribution in the petitioner's E.P.F. Account, the present writ petition came to be filed.
2. Heard the learned Counsel appearing for the petitioner and the learned Standing Counsel, who takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.
3. According to the petitioner, he has purchased a house site for a sum of Rs.23,50,000/- for which he obtained a loan from the bank and he has been paying an interest of Rs.15,000/- per month. Hence, he submitted an application before the first respondent on 21.02.2020, requesting to sanction the loan amount of Rs.5,00,000/- from the employees contribution on his provident fund account. Along with the application, the petitioner submitted original title https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.15977 of 2020 deed, Non Encumbrance Certificate extract of property register duly signed with official seal by appropriate revenue authority, sanctioned construction plan, agreement with the vendor for the purchase of the house and the xerox copies of the parent document. However, the respondents have not taken any steps to provide loan till date. Hence, the writ petition.
4. On the other hand, learned Standing Counsel appearing for the respondent, on instructions, submitted that the respondents would consider the application of the petitioner within a time frame as fixed by this Court.
5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel appearing on either side, this Court, without expressing any opinion on the merits of the case, directs the first respondent to consider the application of the petitioner, dated 21.02.2020 and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
6. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) cp To 1.The Chairman, Employees Provident Fund Section, Tamil Nadu State Transfort Corporation (Madurai) Ltd., Head Office, Byepass Road, Madurai.
2.The Deputy Manager, Employees Provident Fund Section, Tamil Nadu State Transport Corporation (Madurai) Ltd., Head Office, Byepass Road, Madurai.
W.P(MD)No.15977 of 2020 11.11.2020 SR(CO) NR (30/11/2020) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2