Ramesh. P v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA P.Ramesh ... Petitioner vs.

The Chairman Employees Provident Fund Section Tamil Nadu State Transport Corporation (Madurai) Ltd., Head Office, Bypass Road, Madurai ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to sanction and allow the petitioner to withdraw a sum of Rs.8,50,000/- from and out of the petitioner's own accumulation of Provident Fund contribution available to the credit of the respondent for the marriage of the petitioner's daughter within the time limit that may be stipulated by this Court. For Petitioner :

Mr.G.M.Xavier For Respondent :

Mr.S.Raja Standing Counsel 1/4

O R D E R

The petitioner herein, who is working as a Special Grade Conductor in the respondent Corporation, had given a representation dated 01.06.2024 to the respondent requesting to sanction Rs.8,50,000/- from his Provident Fund Account for the purpose of utilizing the same to his daughter's marriage. Since the said representation was not considered, the present writ petition has been filed.

2. It is needless to point out that whenever a representation of this nature is made to a Government Authority, there is a duty cast upon them to consider the same on their own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. The failure on the part of the Authority had prompted the petitioner to file this petition 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 respondent is required to be given with a direction to consider the representation of the petitioner within a specified time frame.

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3. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation dated 01.06.2024 on its own merits and pass appropriate orders 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 respondent to consider the same on its own merits.

4. With the above direction, the Writ Petition stands disposed of. No costs.

09.07.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 3/4

R.N.MANJULA, J.

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