M/S.Vasambadi Estate, Vs the Regional Provident Fund Commissioner-Ii

W.P.No.22950 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.07.2025 CORAM:

THE HON'BLE MRS.JUSTICE N.MALA W.P.No.22950 of 2025

M/s. Vasambadi Estate,Shevaroy Hills Represented by its, Joint Party Receiver,L.RMK. L.Ramakrishnan S/o RM. Lakshmanan,Residing at Thomas Bungalow, Vasambadi Estate,Rahm Road, Yercaud – 636 601.

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...Petitioner

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Vs

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The Regional Provident Fund Commissioner-II Employees Provident Fund Organization, Salem Steel Plant Road, Dalavaipatti,Salem – 636 302. ..Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to permit the sum of Rs.14,58,798/- being damages amount demanded in terms of proceeding No.CB/RO/SLM/PDC/795/S-5/14-B proceeding/2024 dated 07.06.2024 passed u/s 14B of the Employee Provident Fund Act, 1952 and a sum of Rs.17,89,196/- being interest amount demanded in terms of proceedings No.CB/RO/SLM/PDC/795/S-5/7-Q Proceeding/2024 dated 07.06.2024 passed under section 7Q of Employees Provident Fund and Miscellaneous Provisions Act, 1952 in 48 equated monthly installments and pass orders.

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For Petitioner : Mr.Adithya Varadarajan For Respondent :Mr. P.K. Paneerselvam

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https://www.mhc.tn.gov.in/judis

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W.P.No.22950 of 2025

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ORDER

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This Writ Petition is filed seeking for a Mandamus directing the respondents to permit the petitioner to remit the sum of Rs.14,58,798/being damages amount demanded in terms of proceeding passed u/s 14B of he Employee Provident Fund Act, 1952 and a sum of Rs.17,89,196/- being interest amount demanded in terms of proceedings No.CB/RO/SLM/PDC/795/S-5/7-Q Proceeding/2024 dated 07.06.2024 passed under section 7Q of Employees Provident Fund and Miscellaneous Provisions Act, 1952 in 48 equated monthly installments and pass orders.

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The petitioner estate due to mismanagement of the erstwhile

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party receiver was not able to pay the provident fund contributions in time. However, the petitioner subsequently paid the entire contribution of Rs.18,96,449/- though belatedly. Whileso, the petitioner was directed to

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pay a sum of Rs.14,58,798/vide proceedings No.CB/RO/SLM/PDC/795/S-5/14-B proceeding/2024 dated 07.06.2024 under section 14B of the Employee Provident Fund Act, 1952 for the

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https://www.mhc.tn.gov.in/judis

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damages

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W.P.No.22950 of 2025

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damages and Rs.17,89,196/vide proceedings No.CB

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/RO/SLM/PDC/795/S-5/7-Q Proceeding/2024 dated 07.06.2024 under section 7Q of Employees Provident Fund and Miscellaneous Provisions Act, 1952 as interest for the belated payment. The petitioner was not able to remit the aforesaid amount, therefore he has filed the above writ petition for the aforesaid relief.

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The learned counsel for the petitioner submitted that because of

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the financial condition of the petitioner, he was not able to pay the entire amount of Rs. 32,47,994/- as demanded by the respondents under section 14B of he Employee Provident Fund Act, 1952 and 7Q of Employees Provident Fund and Miscellaneous Provisions Act, 1952 . The learned counsel therefore prayed that the petitioner may be permitted to remit the said amount in 18 equated monthly installments.

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The learned counsel for the respondent vehemently opposed the petitioner's request for payment of the amount in 18 equated monthly installments.

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https://www.mhc.tn.gov.in/judis

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W.P.No.22950 of 2025

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In view of the facts and circumstances of the case, I am of the

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view that the petitioner may be permitted to remit the amount of Rs.32,47,994/- in 12 equated installments. The writ petition is disposed on the following terms.

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a. The petitioner is permitted to remit the amount of Rs.32,47,994/-

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b. The first installment shall be paid on or before 07.08.2025.

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c. The petitioner shall pay the remaining installments on or before

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10^th of every month.

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d. It is made clear, that if the petitioner commits default in any one of the installment, the respondent is at liberty to take coercive action against the petitioner in accordance with law.

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There shall be no order as to costs.

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21.07.2025

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Index:Yes/No Speaking order:Yes/No Neutral Citation:Yes/No smn To.

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The Regional Provident Fund Commissioner-II Employees Provident Fund Organization, Salem Steel Plant Road,Dalavaipatti, Salem – 636 302.

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https://www.mhc.tn.gov.in/judis