Madras High CourtWP(MD)/14871/2016dismissed

P.Elangovan, S/O.Periathambi v. The Assistant Provident

2016-08-17Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.14871 of 2016 and W.M.P.(MD).Nos.10985 and 10986 of 2016 **** P.Elangovan ...

Petitioner Vs 1.The Assistant Provident Fund Commissioner, Regional Provident Fund Commissionerate, No.18, Madurai road, "D" Block, Sree Complex, Trichy 620 008.

2.The Recovery Officer, Employee's Provident Fund Organisation, Sub-Regional Office, Trichy.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Cetiorarified Mandamus calling for the records pertaining to the impugned order passed by the 1st respondent in Enf.B7/TN/TR/27977/SRO-TRY/2015 dated 04.11.2015 and the consequential proceedings in RRC No.CBTRY5347/0027977/06/04/2016/525/35 dated 06.04.2016 communicated to the 2nd respondent herein quash the same. For petitioner :Mr.R.J.Karthick ********

ORDER

The petitioner challenges the order of the first respondent, dated 04.11.2015, and the consequential order of the second respondent, dated 06.04.2016, in directing him to remit a sum of Rs.1,93,429.80/- to the respective Employee's Provident Fund Account Heads, maintained with the State Bank of India, within 15 days of the receipt of the order.

https://hcservices.ecourts.gov.in/hcservices/ 2.This Court is not inclined to entertain this Writ Petition on the simple ground that, without approaching the Provident Fund

Appellate Tribunal, the petitioner has straight away invoked the Writ Jurisdiction Article 226 of the Constitution of India, which is impermissible in law.

Therefore, this Writ Petition is dismissed in limine. It is open to the petitioner to approach the said Tribunal and work out his remedy, in the manner known to law. 3.

Accordingly, this Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The Assistant Provident Fund Commissioner, Regional Provident Fund Commissionerate, No.18, Madurai road, "D" Block, Sree Complex, Trichy 620 008.

2.The Recovery Officer, Employee's Provident Fund Organisation, Sub-Regional Office, Trichy.

Copy to: The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai +One cc to Mr.R.J.Karthick, Advocate, SR.No.45232 ssm RL/5C/2P/ARK/1/9/2016 W.P(MD).No.14871 of 2016 17.08.2016 https://hcservices.ecourts.gov.in/hcservices/