M/S. Selvaganapathi v. The Assessing Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.9917 of 2025 M/s.Selvaganapathi, No:18, Tharangambadi, Mayiladuthurai, Nagapattinam-609 001.

Through its Proprietor.

... Petitioner Vs.

1.The Assessing Officer, Employees' Provident Fund Organization, P.B.No.588, Sree Complex D' Block, No.18, Madurai Road, Trichy-620 008.

2.The Recovery Officer, Employees' Provident Fund Organization, P.B.No.588, Sree Complex D' Block, No.18, Madurai Road, Trichy-620 008.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records from the file of the respondent herein No.ENF-KUM 1/4

II/CB/TRY/1669321/RRC/2025-2026, dated 15.04.2025 passed under Section 8 of EPF Act to recover to the tune of Rs.3,09,445/- and quash the same and direct the respondents to stop the recovery proceeding till the EPF Appellate Tribunal Admits the Pending Appeal in EPFA 75 of 2025. For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.N.Dilip Kumar Standing Counsel

ORDER

The present writ petition has been filed challenging the order passed under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, on the ground that the Presiding Officer has not been appointed before the Appellate Tribunal. Now, it is represented that the Presiding Officer has been appointed and appeal has been entertained by the Appellate Authority. The Appellate Authority has also granted interim order in favour of the writ petitioner.

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2. Recording the same, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

25.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Assessing Officer, Employees' Provident Fund Organization, P.B.No.588, Sree Complex D' Block, No.18, Madurai Road, Trichy-620 008.

2.The Recovery Officer, Employees' Provident Fund Organization, P.B.No.588, Sree Complex D' Block, No.18, Madurai Road, Trichy-620 008.

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R.VIJAYAKUMAR, J.

BTR 25.06.2025 4/4