The Commissioner v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(MD)No.1668 of 2017 and W.M.P.(MD)Nos.1370 & 1371 of 2017 The Commissioner, Rajapalayam Municipality, Rajapalayam, Virudhunagar District.

... Petitioner Vs.

1.The Secretary, Department of Ministry of Labour & Employment, New Delhi 2.The Central Provident Fund Commissioner, Bhavishya Nadhi Bhawan, 14, BhikajiCama Place, New Delhi - 110 066.

3.The Assistant Provident Fund Commissioner, Regional Office, Bhavishya Nadhi Bhawan, No.1, Lady Doak College Road, Madurai - 625 002.

4.The Enforcement Officer, District Office, Old Virudhunagar Road, Sivakasi.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the impugned Gazette Notification issued by the 1st respondent dated 08.01.2011 and impugned proceedings in No.TN/EO/(Pas)/DO(SVK)/91189/2016 dated 11.11.2016 issued by the 4th respondent and quash the same.

For Petitioner :

Mr.G.Sarathkumar For Respondents :

Mr.K.Muralisankar

O R D E R

The learned counsel for the petitioner seeks permission of this Court to withdraw this Writ Petition with liberty to file an appeal against the impugned proceedings in No.TN/EO/(Pas)/DO(SVK)/91189/2016 dated 11.11.2016 before the appellate authority.

2. In the light of the above, this Writ Petition is dismissed as withdrawn with liberty as sought for. It is made clear that the period spent during the pendency of the Writ Petition i.e., from the date of filing of the Writ Petition till the date the certified copy of this order is made ready shall stand excluded while computing the period of limitation while filing an appeal against the impugned proceedings in No.TN/EO/(Pas)/DO(SVK)/91189/2016 dated 11.11.2016. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

13.02.2025 Index :

Yes / No vsm

MUMMINENI SUDHEER KUMAR, J.

vsm To 1.The Secretary, Department of Ministry of Labour & Employment, New Delhi 2.The Central Provident Fund Commissioner, Bhavishya Nadhi Bhawan, 14, BhikajiCama Place, New Delhi - 110 066.

3.The Assistant Provident Fund Commissioner, Regional Office, Bhavishya Nadhi Bhawan, No.1, Lady Doak College Road, Madurai - 625 002. 4.The Enforcement Officer, District Office, Old Virudhunagar Road, Sivakasi.

W.P.(MD)No.1668 of 2017 13.02.2025