Dr. Umayal Ramanathan College For Women v. The Deputy Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.23283 of 2023 Dr.Umayal Ramanathan College for Women, Karaikudi, Sivagangai District-630 003, Represented by its Manager, N.S.Kasi Viswanathan.
... Petitioner Vs.
1.The Deputy Director, Sub Regional Office (Madurai), Employee's State Insurance Corporation, No.2, West Street, KK Nagar, Madurai-20.
2.The Recovery Officer, Sub Regional Office (Madurai), Employee's State Insurance Corporation, No.2, West Street, KK Nagar, Madurai-20.
3.The Recovery Inspector, Sub Regional Office (Madurai), Employee's State Insurance Corporation, No.2, West Street, KK Nagar, Madurai-20.
... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of impugned order passed by 2nd respondent in 57-00-071776-000-1303, dated 20.10.2023 and impugned order passed by 3rd respondent in proceedings No.57/RRC/SRO/MDU/71777, dated 26.10.2023 and quash the same as illegal, arbitrary and non est in law. For Petitioner : Mr.V.Meenakshi Sundaram For Respondents : Mr.C.Karthik Standing Counsel
ORDER
The present writ petition has been filed by an Arts College challenging the order of recovery passed by the E.S.I authorities. The order under Section 45-A has been passed in the year 2013 and recovery proceedings have been initiated in the year 2023.
2. By way of interim order, this Court had directed the petitioner College to deposit a sum of Rs.3,00,000 (Rupees Three Lakh only) on or before 27.11.2023. In compliance with the said order, the petitioner College has already deposited the said amount on 23.11.2023. 2/5
3. Considering the fact that the recovery proceedings have been initiated after a period of 10 years and the amount has got accumulated, this Court is inclined to direct the petitioner College to deposit the balance amount of Rs.2,00,000/- (Rupees Two Lakhs only) on or before 10.01.2024. In case of any default, the authorities are at liberty to proceed further in accordance with law.
4. With the said observations, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 06.12.2023 NCC :
Yes / No Index :
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To 1.The Deputy Director, Sub Regional Office (Madurai), Employee's State Insurance Corporation, No.2, West Street, KK Nagar, Madurai-20.
2.The Recovery Officer, Sub Regional Office (Madurai), Employee's State Insurance Corporation, No.2, West Street, KK Nagar, Madurai-20.
3.The Recovery Inspector, Sub Regional Office (Madurai), Employee's State Insurance Corporation, No.2, West Street, KK Nagar, Madurai-20.
4/5
R.
VIJAYAKUMAR ,J.
gbg Order made in Dated:
06.12.2023 5/5