Madras High CourtWP(MD)/10210/2020disposed of

Dhanapal Gnanaolivu v. The Commissioner

2022-09-30Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Dhanapal Gnanaolivu ... Petitioner Vs 1.The Commissioner, Employees Provident Fund Organization, Regional Office, Chokkikulam, Madurai District.

2.The Assistant Commissioner, Employees Provident Fund Organization, Chokkikulam, Madurai District.

3.The Secretary, Blessing Matric Higher Secondary School, Achampath, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the petitioner's sister, namely, Amalajothi's Employees Provident Fund Amount paid in policy No.PF A/c.No.MD/MDU/57319/80, immediately to the petitioner without requesting for succession certificate as demanded by the respondents. 1/4

For Petitioner : Mr.S.Thanga Raj For Respondents : Mr.P.Karthick Standing Counsel for R.1 & R.2 No Appearance for R.3

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Standing Counsel appearing for the respondents 1 and 2.

2. The petitioner's cousin - Amalajothi was worked in the third respondent School. She died on 08.09.2017. The petitioner is laying claim on the amount lying on her provident fund account. The petitioner is unable to produce any legal heir certificate. The deceased appears to have died as spinster. She did not leave behind any class one legal heirs. The petitioner was not nominated to receive the provident fund benefits. In these circumstances, the petitioner has to necessarily file Succession Original Petition before the jurisdictional Court and only thereafter he can claim on the Provident Fund amount of his cousin lying with the Provident Fund authorities. 2/4

3. Granting liberty to the petitioner to move before the jurisdictional Court, this writ petition is disposed of. No costs. 30.09.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Commissioner, Employees Provident Fund Organization, Regional Office, Chokkikulam, Madurai District.

2.The Assistant Commissioner, Employees Provident Fund Organization, Chokkikulam, Madurai District.

3/4

G.R.SWAMINATHAN, J.

mga 30.09.2022 4/4