Madras High CourtWP(MD)/18738/2018disposed of

K.Katturaja, v. The Chairman,

2018-08-29Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2018

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18738 of 2018 K.Katturaja .. Petitioner Vs.

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

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

.. Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India for issuance of a Writ of mandamus directing the 1st respondent to sanction loan amount of Rs.3,00,000/- from employees contribution in 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.A.Jeyaram Standing Counsel

O R D E R

The petitioner has come forward with this writ petition, for issuance of a Writ of mandamus, directing the 1st respondent to sanction loan amount of Rs.3,00,000/- from employees contribution lying in his E.P.F account within the time limit that may be stipulated by this Court.

2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.According to the petitioner, he served for 20 years. On account of the construction of a dwelling house, the petitioner requires Rs.3,00,000/- from his Employees Contribution account. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Standing Counsel for the respondents submitted that whether the petitioner is entitled to Rs.3,00,000/- from the

Employee' Contribution Fund is doubtful.

5.In reply, the petitioner submitted that he has not availed any loan upto this date and now, he wants the loan only for the construction of a dwelling house.

6.Taking note of the submission of both sides, this Court is of the view that the request of the petitioner shall be considered and the respondents shall sanction the eligible amount by way of loan to the petitioner, if the petitioner fulfils other norms. However, it is open to the respondents to ascertain the documents with regard to the building plan approval and the eligibility of the petitioner to avail such loan from the Employees' Contribution account and then sanction the eligible amount, within a period of one month from the date of receipt of a copy of this order.

7.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar(CS-I) sm +1cc to Mr.G.M.Xavier, Advocate in SR No.81098 +1cc to Mr.A.Jeyaram, Advocate in SR No.80967 W.P.(MD) No.18738 of 2018 NM/RSK/SAR I/26.10.18/2P/3C.

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