Madras High CourtWP(MD)/4258/2016dismissed as infructuous

M/S.Alamedlu Educational Trust v. The Assistant Provident Fund

2023-06-05Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).No.3793 of 2016 M/s.Alamelu Educational Trust, Represented by Trustee and Correspondent, R.M.Rajkumar ... Petitioner Vs.

1.The Assistant Provident Fund Commissioner, Employee's Provident Fund Organization, Ministry of Labour - Government of India, Regional Office, Lady Doak College Road, Chockkikulam, Madurai - 625 002.

2.The Recovery Officer, Employee's Provident Fund Organization, Ministry of Labour - Government of India, Regional Office, Lady Doak College Road, Chockkikulam, Madurai - 625 002.

3.The Branch Manager, Canara Bank, Madurai Main Road, Theni.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to Ref: DEP/1/CA/3359/THENI/2016 dated 24.02.2016 on the file of the third respondent, in respect of the current Account No.1020201003359 of the petitioner Trust at the instant of the respondents 1 & 2 and quash the same and consequently direct the third respondent to issue show cause notice to the petitioner with regard to the freezing of account and take steps.

For Petitioner : Mr.S.Siva Thilakar For R-1 and R-2 : Mr.S.Anwar Sameem For R-3 : No Appearance

ORDER

This Writ Petition is filed challenging the order dated 24.02.2016 and consequently direct the third respondent to issue show cause notice to the petitioner with regard to the freezing of account and take steps.

2. The respondents have freezed the petitioner's account, since the statutory payment under Employees Provident Fund was not paid. Pending Writ Petition, the petitioner as well as the respondents submitted that the 2/4

petitioner has discharged their entire liability and nothing survives for adjudication.

3. Recording the said submission, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

05.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr 3/4

S.SRIMATHY, J.

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