S.Srinivasan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.11310 of 2024 S.Srinivasan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Kumbakonam, Thanjavur District.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Nagapattinam Region, Nagapattinam District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to sanction Rs.7,00,000/- out of Rs.9,63,055/- Employee's Provident Fund, which was mentioned in the petitioner's salary certificate of the month of April, 2024 for the marriage held on 12.06.2024 for the expenses of the petitioner's younger daughter, namely, S.Sudarvizhi.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.K.Ramaiah, Standing Counsel 1/5

ORDER

The petitioner has filed this Writ Petition, seeking a Writ of Mandamus, directing the respondents to sanction a sum of Rs.7,00,000/- out of Rs.9,63,055/- Employee's Provident Fund, which was mentioned in the petitioner's salary certificate of the month of April, 2024 for the marriage to be held on 12.06.2024 for the expenses of the petitioner's younger daughter, namely, S.Sudarvizhi.

2. Heard Mr.N.Sudhagar Nagaraj, learned counsel for the petitioner and Mr.K.Ramaiah, learned Standing Counsel for the respondents.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4. The petitioner herein had given a representation to the respondents on 03.05.2024, seeking to disburse a sum of Rs.7,00,000/- (Rupees Seven Lakhs Only) from his provident fund. Since the said representation was not considered by the respondents so far, the present writ petition has been filed.

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5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame.

6. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 03.05.2024 on its own merits and pass appropriate orders, sanctioning the eligible amount to the petitioner in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents to consider the same on its own merits. 3/5

7. With the above direction, the Writ Petition stands allowed. No costs.

22.05.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No Yuva To 1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Kumbakonam, Thanjavur District.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Nagapattinam Region, Nagapattinam District.

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R.N.MANJULA , J.

Yuva Order made in W.P.(MD)No.11310 of 2024 22.05.2024 5/5