M/S.Srimad Andavan Arts And Science College v. Assistant Provident Fund Commissioner (Pdc)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD)No.5933 of 2025 M/s.Srimad Andavan Arts And Science College, Represented by its Manager (Admin) S.G.Ranganathan, No.7, Nelson Road, Thiruvanaikovil, Trichy - 620 005.

... Petitioner Vs.

Assistant Provident Fund Commissioner (PDC), Employees' Provident Fund Organization, Regional Office, P.B.No.588, Sree Complex, No.18, Madurai Road, Trichy - 620 008.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Ceritorarified Mandamus calling for the records of order

Ref.No.CB/TRY/32756/PDC/7Q/511/2025 dated 20.01.2025 passed by the Respondent and quash the same and directing the Respondent to accept the outstanding interest amount of Rs.13,04,573/- (Rupees Thirteen Lakhs Four Thousand Five Hundred and Seventy Three only) in 24 equal monthly installments.

For Petitioner :

Mr.P.Thangaraj For Respondent :

Mr.N.Dilipkumar

O R D E R

This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus to call for the records pertaining to the proceeding in Ref.No.CB/TRY/32756/ PDC/7Q/511/2025 dated 20.01.2025 passed by the respondent and to quash the same. However, sought for a consequential direction to permit the petitioner to remit the amount claimed under the impugned proceedings to the tune of Rs.13,04,573/- in 24 equal monthly installments.

2. When the matter is taken up for consideration, the learned counsel appearing for the petitioner submitted that the petitioner is willing to pay the entire amount due under the impugned proceedings in 24 equal monthly installments.

3. Having taken note of the same, the learned counsel appearing for the respondent objected for grant of 24 installments for payment of the amount due under the impugned proceedings.

4. Having taken into consideration the facts and circumstances of the case, this Court is of the view that it is a fit case in order to ensure that the amount due under the impugned proceedings is paid by the petitioner it would be appropriate to grant reasonable installments.

5. In the light of the above and especially taking into consideration the undertaking given by the learned counsel for the petitioner that the petitioner

will positively pay the entire due in installments, this Writ Petition is disposed of directing the petitioner to pay an amount of Rs.1,04,573/- (Rupess One Lakh Four Thousand Five Hundred and Seventy Three only) by 27.03.2025 and thereafter, pay the remaining amount of Rs.12,00,000/- (Rupees Twelve Lakhs only) in 12 equal monthly installments commencing from 15.04.2025. In case, if the petitioner commits any default in payment of the installments for two consecutive months, the respondent is at liberty to take appropriate action in accordance with law. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

21.03.2025 Index :

Yes / No vsm

To Assistant Provident Fund Commissioner (PDC), Employees' Provident Fund Organization, Regional Office, P.B.No.588, Sree Complex, No.18, Madurai Road, Trichy - 620 008.

MUMMINENI SUDHEER KUMAR, J.

vsm 21.03.2025