M/S. Shri Ramalinga Textiles (Aruppukottai) Private Limited v. Regional Provident Fund Commissioner - Ii
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2026
CORAM
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.(MD)No.11362 of 2026 M/s.Shri Ramalinga Textiles (Aruppukottai) Private Limited, 1, Sayalgudi Road, Savvaspuram - Kulasekaranallur Village, Aruppukottai, Virudhunagar - 626 105, (Represented by its General Manager) ... Petitioner vs.
1.Regional Provident Fund Commissioner - II, Employees Provident Fund Organization, Regional Office, Lady Doak College Road, Chokkikulam, Madurai - 625 002.
2.The Recovery Officer, Employees Provident Fund Organization, Regional Office, Lady Doak College Road, Chokkikulam, Madurai - 625 002.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent in his proceedings No. TN/RO/MD/MDU/37930/Enf./M-06/2026 dated 1/5
23.01.2026 and the consequential recovery order passed by the 2nd respondent in PRC No.42/MDMDU0037930000/Recy/806/2026 dated 15.05.2026 (received on 21.05.2026) quash the same as illegal and consequently, to direct the 1st respondent to accept the payment of demanded contribution amount of Rs.2,71,99,152/- in 60 monthly installments.
For Petitioner :Mr.M.Jerin Mathew For Respondents :Mr.I.Suthakaran *****
O R D E R
Heard Mr. M. Jerin Mathew, learned counsel for the petitioner, and Mr. I. Suthakaran, learned counsel, who accepts notice on behalf of the respondents.
2.The petitioner challenges the order dated 23.01.2026 passed by the first respondent under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, as well as the consequential order dated 15.05.2026 issued by the second respondent. 3.By the order dated 23.01.2026 passed under Section 7A of the Act, the petitioner was held liable to pay a sum of Rs.2,71,99,152/-. Pursuant thereto, the petitioner has paid a sum of Rs.1,68,69,268/-, 2/5
leaving a balance amount of Rs.1,03,12,779/- payable as on date. 4.The learned counsel for the petitioner submitted that the petitioner-company has been closed since the year 2025 and, therefore, has no source of income to discharge the remaining liability. In view of the same, the petitioner confines the relief sought in this writ petition to a request for permission to pay the balance amount in 60 equal monthly installments.
5.The learned counsel appearing for the respondents submitted that the respondents would be willing to grant 20 equal monthly installments and that they may be permitted to levy and recover statutory interest on the delayed payment in accordance with law.
6.Considering the submissions made by the learned counsel on either side and having regard to the fact that the petitioner-company has become defunct and has no regular source of income, this Court is of the view that the ends of justice would be met by permitting the petitioner to pay the balance amount in 30 equal monthly instalments. 3/5
7.Accordingly, the writ petition is disposed of with the following directions:
(i) The petitioner is permitted to pay the balance due to the respondents in 30 equal monthly installments. In the event of default in payment of any one of the instalments, it is open to the respondents to recover the entire balance amount in accordance with law; (ii) Insofar as interest on the delayed payment is concerned, liberty is reserved to the respondents to levy and recover the same in accordance with Section 7Q of the Act; and (iii) The first instalment shall be paid in 1st week of July 2026, and the subsequent instalments shall be paid on or before the 5th day of every succeeding English calendar month.
8.There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
Index :Yes / No 05.06.2026 Internet :Yes / No NCC :Yes / No cmr 4/5
HEMANT CHANDANGOUDAR, J.
cmr 05.06.2026 5/5