R.Rengarajan v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.16748 of 2024 R.Rengarajan ... Petitioner Vs.

1.The Chairman, Tamilnadu Grama Bank, Head Office, No.6, Yercaud Main Road, Hasthampatti, Salem.

2.The Branch Manager, Tamilnadu Grama Bank, Srivilliputtur Branch, Virudhunagar.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to intimate the petitioner about the amount of Banks Contribution towards Provident Fund which has to be paid by the petitioner, by considering the petitioner's representation dated 17.04.2024 and also in view of the 1/6

Indian Banks Association circular vide No.CIR/HR AND IR/G2/2023-24/0913 dated 16.03.2024 based on Ministry of Finance Letter vide eF No.4/8/1/2023-IR dated 16.03.2024. For Petitioner : Mr.C.Masilamani For Respondents : Mr.N.Dilipkumar Standing Counsel

ORDER

The petitioner has filed this Writ Petition seeking for a Writ of Mandamus directing the respondents to intimate the petitioner about the amount of Banks Contribution towards Provident Fund which has to be paid by the petitioner, by considering the petitioner's representation dated 17.04.2024 and also in view of the Indian Banks Association circular vide No.CIR/HR AND IR/G2/2023-24/0913 dated 16.03.2024 based on Ministry of Finance Letter vide eF No.4/8/1/2023-IR dated 16.03.2024.

2. Heard Mr.C.Masilamani, learned counsel for the petitioner and Mr.N.Dilipkumar, learned Standing Counsel for the respondents. 2/6

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4. The petitioner herein had given a request / representation to the respondents on 17.04.2024 to intimate the petitioner about the amount of Banks Contribution towards Provident Fund which has to be paid by the petitioner. Since the said representation was not considered by the respondents so far, the present writ petition has been filed.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its 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 for 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 respondents are required to be given with a direction to 3/6

consider the representation of the petitioner within a specified time frame.

6. In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's request / representation dated 17.04.2024 on its own merits and pass appropriate orders in accordance with law, within a period of six 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 respondents to consider the same on its own merits.

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

25.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No sm 4/6

To 1.The Chairman, Tamilnadu Grama Bank, Head Office, No.6, Yercaud Main Road, Hasthampatti, Salem.

2.The Branch Manager, Tamilnadu Grama Bank, Srivilliputtur Branch, Virudhunagar.

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R.N.MANJULA , J.

sm Order made in W.P.(MD)No.16748 of 2024 25.07.2024 6/6