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Madras High CourtWP(MD)/16438/2020disposed of

M. Alagu v. The Managing Director

2020-11-20Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.11.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.16438 of 2020 M.Alagu

...Petitioner

Vs 1.The Managing Director, Tamilnadu State Transport Corporation, Kumbakonam Division Branch, Pudukkottai Zone -27, Kumbakonam.

2.The General Manager, Tamilnadu State Transport Corporation, Kumbakonam Division Branch, Pudukkottai.

3.The Branch Manager, Tamilnadu State Transport Corporation Kumbakonam Division Branch, Pudukkottai Zonal Branch, Pudukkottai.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 2 and 3 to consider the petitioner's representation dated 17-09-2020 seeking Non Refundable Loan from the petitioner's provident Fund Account No.2654-17727, to an extent of 90% on his contribution towards provident fund.

For Petitioner : Mr.N.Anandakumar For Respondents : Mr.P.M.Vishnuvarthan Standing Counsel

ORDER

This Writ Petition has been filed to direct the respondents 2 and 3 to provide 90% of non refundable loan from his provident fund Account No.2654-17727, by considering the application dated 22.06.2020.

2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 1/3

3.The learned counsel appearing for the petitioner would submit that the petitioner is working as Driver in the respondent corporation. Though the petitioner is living in a rental house, due to the poor economical status, he is the only person to take care of his entire family with his income. He would further submit that in the year 2019, the petitioner's father has also been suffered heart attacks twice and admitted in Vellammal Hospital, Madurai and the petitioner has incurred expenses more than Rs.2,50,000/- in the first time itself in total and till now, he is struggling because of the financial crises affected, due to the medical expenses. In this regard, the petitioner has made a representation dated 17.09.2020 before the respondents seeking to provide 90% of non refundable loan from his provident fund account No.2654-17727, but so far the same is pending without any progress. Hence, left with no other alternative, the petitioner is before this Court for the relief stated supra.

4.Mr.P.M.Vishnuvarthan, learned standing counsel appearing for the respondents would fairly submit that the petitioner's representation dated 17.09.2020 will be disposed of on merits and in accordance with law, within a time frame to be fixed by this Court. 5.In view of the submission made by the learned standing counsel appearing for the respondents and in view of the lapse on the part of the respondents on considering the petitioner's representation, this Court is inclined to pass the following directions:- the respondents are directed to consider the petitioner's representation dated 17.09.2020 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order; 6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Managing Director, Tamilnadu State Transport Corporation, Kumbakonam Division Branch, Pudukkottai Zone -27, Kumbakonam.

2.The General Manager, Tamilnadu State Transport Corporation, Kumbakonam Division Branch, Pudukkottai.

3.The Branch Manager, Tamilnadu State Transport Corporation Kumbakonam Division Branch, Pudukkottai Zonal Branch, Pudukkottai.

+1 CC to Mr.P.M. VISHNUVARTHANAN, Advocate ( SR-22284[F] dated 20/11/2020 ) W.P.(MD) No.16438 of 2020 20.11.2020 VB (02.12.2020) 3P 5C 3/3