Tan Academy Matriculation School v. The Regional Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.8335 of 2025 1.TAN Academy Matriculation School rep.by its Correspondent M.Haja Moideen No.30, Gandhi Nagar North Kumbakonam Thanjavur District 2.M.Haja Moideen ... Petitioners -vs1.The Regional Director Regional Office (Tamil Nadu) Employees State Insurance Corporation Panchdeep Bhawan No.143, Sterling Road Chennai-600 034 2.The Deputy Director Sub-Regional Office (Salem) Employees' State Insurance Corporation 39/57, Theerthamalai Vaniga Valagam Three Roads, Salem-636 009 ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records of the second respondent in respect of impugned order vide No.63000930570001302/INS-I/SRO/SLM/C-18 (Adhoc), dated 27.03.2025 and quash the same as illegal and arbitrary. For Petitioners :

Mr.R.Suresh Kumar For Respondents :

Mr.C.Karthick

O R D E R

This writ petition has been filed by the petitioners questioning the show cause notice issued by the second respondent, vide proceedings No. 63000930570001302/INS-I/SRO/SLM/C-18 (Adhoc), dated 27.03.2025, requiring them to show cause against the provisional determination and proposed recovery. The petitioners were granted fifteen days time to submit their explanation.

2. This Court does not see any special circumstances warranting entertaining a writ petition under Article 226 of the Constitution of India against a show cause notice. The only apprehension expressed by the learned counsel for the petitioners is that the respondents may not consider the explanation, which would be submitted by the petitioners and orders will be

passed under Section 45A of the Employees' State Insurance Act, 1948, making the petitioners liable for making contributions. This Court does not see any basis for such apprehension and this Court, in the absence of any special circumstances, is not inclined to entertain this writ petition.

3. Accordingly, this writ petition is dismissed. However, the petitioners are at liberty to submit explanation to the respondents in response to the impugned show cause notice. In case if any such explanation is submitted by the petitioners, the respondents shall consider the same keeping in mind the decision of the Full Bench of this Court in the case of All India Private Educational Institutions Association, rep.by its State General Secretary K.Palaniyappan vs. State of Tamil Nadu, rep.by the Principal Secretary to Government, Labour and Employment Department and another, reported in (2020) 5 CTC 93 (FB), and pass a reasoned order, as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.

22.04.2025 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

MUMMINENI SUDHEER KUMAR, J.

krk and W.M.P.(MD) No.8335 of 2025 22.04.2025 (2/2)