Madras High CourtWP(MD)/17726/2020disposed of

A.Chellam v. The Managing Director

2020-12-04Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Writ Petition (MD)No.17726 of 2020 A.Chellam ... Petitioner Vs.

1.The Managing Director, 2.The General Manager, ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to sanction the loan amount of Rs.4,00,000/- from employees contribution from the petitioner's E.P.F. Account within the stipulated time.

For Petitioner : Mr.K.Gokul For Respondents : Mr.G.Senthil Kumariah Standing counsel for TNSTC

O R D E R

By consent, the writ petition is taken up for final disposal.

2. This writ petition has been filed for a direction to the respondents to disburse the loan amount of Rs.4,00,000/-, out of the petitioner's E.P.F. Account No.13091, by considering the petitioner's application, dated 09.11.2020.

3. The learned counsel appearing for the petitioner submitted that the marriage of the petitioner's daughter was conducted on 31.10.2020. Therefore, he urgently needs the loan. Though he has given an application dated 09.11.2020, to the respondents, no action has been taken by the respondents to disburse the loan amount of Rs.4,00,000/-.

4. Mr.J.Senthil Kumariah, learned Standing counsel appearing for the respondents fairly submitted that he was not aware of the fact whether the petitioner has availed 90% of the loan amount from the E.P.F. Account earlier or not. In case, if he has not availed 1/3

90% of the E.P.F. amount, then they will disburse the loan amount of Rs.4,00,000/-, as per the applicaton of the petitioner dated 09.11.2020.

5. Heard the learned counsel for the petitioner, learned Standing counsel appearing for the respondents and perused the materials available on record.

6. As per the provisions of the Provident Fund Act, the petitioner is entitled for loan up to 90%. In the present case, as contended by the learned Standing counsel for the respondents, no particulars have been furnished by the petitioner with regard to how much amount is available with the E.P.F. Account and if any amount already issued by way of loan from the E.P.F. Account.

7. In such circumstances, as stated by the learned Standing counsel, this Court directs the respondents to disburse the eligible loan amount, as requested by the petitioner in the application dated 09.11.2020, within a period of three weeks from the date of receipt of a copy of this order. It is made clear that the respondents shall consider the same, depending upon the eligible amount of 90% available in the E.P.F. Account.

8. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) akv 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. To 1.The Managing Director, 2/3

2.The General Manager, +1 CC to M/s.K.GOKUL, Advocate ( SR-24186[F] dated 07/12/2020 ) W.P.(MD)No.17726 of 2020 04.12.2020 tp(CO) KK(17.12.2020) 3 P 4C 3/3