M/S.C.S.I.Kanyakumari Diocese v. Regional Provident Fund Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD)No.20878 of 2019 & 5594 of 2022 M/s.C.S.I.Kanyakumari Diocese, Represented by its Secretary, S.Byju Nizeth Paaul, 71A, Dennis Street, Nagercoil 629 001, Kanyakumari District.

... Petitioner Vs.

Regional Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, 65-A Water Tank Road, Nagercoil, Kanyakumari District 629 001.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the

respondent in his order in No.TN/NGL/55043/7Q/PDC-32/2019, dated 13.08.2019/19.09.2019 in levying an interest of Rs.12,19,522/- under Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and quash the same and consequently direct the respondent to grant to the petitioner a legible calculation list in Annexure-A and the detailed calculation for the levy of interest and after granting to the petitioner and opportunity to submit reply and a personal hearing.

For Petitioner :

Mr.M.Azeem For Respondent :

Mr.M.Mahaboob Athiff

O R D E R

Heard Mr.Azeem, learned counsel appearing for the petitioner and Mr.M.Mahaboob Athiff, learned counsel appearing for the respondent.

2. This writ petition has been filed aggrieved by the order dated 13.08.2019/19.09.2019 bearing No.TN/NGL/55043/7Q/PDC-32/2019 levying an amount of Rs.12,19,522/- towards interest under Section 7Q of the

Employees' Provident Funds Miscellaneous Provisions Act, 1952 against the petitioner.

3. Though the learned counsel for the petitioner assailing the impugned order on various grounds, considering the fact that this Court has already been granted an interim order on condition that the petitioner deposits a sum of Rs.6,00,000/-, the said amount was already deposited on 18.12.2019, the learned counsel for the petitioner requested for grant of installment for paying the balance amount of Rs.6,19,522/-, as the petitioner has expressed his willingness to pay the entire balance amount, this Court is of the considered view that the petitioner be permitted to pay the balance amount in installment.

4. Accordingly, the writ petition is disposed of permitting the petitioner to pay the balance amount of Rs.6,19,522/- in six (6) equal monthly installments commencing from 1st May 2025. In case, it there is any default on the part of the petitioner in paying two consecutive monthly installments, it is open to the respondent to take appropriate steps in accordance with law. Consequently,

connected miscellaneous petitions are closed. There shall be no order as to costs.

07.04.2025 Index :

Yes / No am

MUMMINENI SUDHEER KUMAR, J.

am 07.04.2025