Madras High CourtWP(MD)/15733/2019disposed of

A.Tamilarasan v. The Manging Director/ Executive Trusty

2019-08-01Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR WP(MD)No.15733 of 2019 A. Tamilarasan ... Petitioner Vs.

The Managing Director / Executive Trusty, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Employees Provident Fund Trust, Tamil Nadu Transport corporation (Kumbakonam) Ltd., Kumbakonam.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to pay the petitioner advance amount Rs.4,00,000/- from the accumulation of employee's contribution stood in his E.P.F accoutn No.TN/6929/2488/117565 forthwith.

For Petitioner : Mr.S. Arunchalam For Respondent : Mr.D. Sivaraman Standing Counsel

ORDER

This Writ Petition has been filed for issuing a direction to the respondent to pay the petitioner advance amount Rs.4,00,000/- from the accumulation of employee's contribution stood in his E.P.F account No.TN/6929/2488/117565 forthwith.

2. According to the petitioner, he has made a representation dated 10.06.2019 to the respondent to pay him advance amount of Rs.4,00,000/- from the accumulation of of employee's contribution stood in his E.P.F. Account.No. TN/6929/2488/17565, to settle the loan amount borrowed by the petitioner towards the registration fee for having purchased a house for residing. But, the same has not been considered by the respondent so far. In such circumstances, the petitioner has filed the present Writ Petition before this Court.

3. The learned Standing Counsel appearing for the respondent / Corporation would submit that the petitioner has not furnished any materials to the authority to claim for the aforesaid advance amount from the respondent / Corporation. He would further submit that if such additional documents are filed by the petitioner, the representation of the petitioner will be considered by the respondents on merits within a specified time that may be fixed by this Court.

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4. By considering the aforesaid submission of the learned Standing Counsel appearing for the respondent / Corporation, the learned counsel appearing for the petitioner undertakes before this Court that the petitioner will furnish all the particulars to the respondent / Corporation within a period of two weeks.

5. Considering the submissions made by the learned counsel appearing on either side, this Court, without expressing any opinion on the merits of the petitioner's case, directs the petitioner to submit the additional documents, whichever is required by the respondent / Corporation, within a period of two weeks from the date of receipt of a copy of this order. On such additional documents filed by the petitioner, the respondent / Corporation shall consider the representation of the petitioner, dated 10.06.2019 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks thereafter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To The Managing Director / Executive Trusty, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Employees Provident Fund Trust, Tamil Nadu Transport corporation (Kumbakonam) Ltd., Kumbakonam.

+1 CC to Mr.S.ARUNACHALAM, Advocate ( SR-79313[F] dated 02/08/2019 ) +1 CC to Mr.D.SIVARAMAN, Advocate ( SR-79517[F] dated 02/08/2019 ) WP(MD)No.15733 of 2019 01.08.2019 trp MK (29.08.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/