Disposed¶25

D.Thanikachalam v. the District Collector

Madras HC18 Feb 2025WP/4464/2025

Case brief

AI extract

What is this about?

Article 226 writ petition; mandamus; interest on delayed provident fund payment; 18 months delay; 6% interest directed; Rs.3,94,737; Employees Provident Fund; Kottakuppam Municipality Commissioner and Executive Officer; District Collector Villupuram; retirement superannuation 31.03.2023; terminal benefits; earlier W.P.No.1794/22; Madras High Court; decided 18.02.2025; disposed with no costs.

What did the court decide?

Direction to the second respondent to pay interest at 6% on Rs.3,94,737/- from the date it should have been paid till actual payment; writ petition disposed of with no costs. ¶25

D.Thanikachalam Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

¶1

W.P.No. 4464 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

Dated : 18.02.2025

¶4

CORAM:

¶5

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN

¶6

W.P.No.4464 of 2025

¶7

D. Thanikachalam ... Petitioner

¶8

¶9

The District Collector Collectorate, Villupuram 605 602.

¶10

The Commissioner, Kottakuppam Municipality, No.70/45, Gandhi Road, Kottakuppam, Villupuram District.

¶11

The Executive Officer, Kottakuppam Municipality, Arakandanallur ...Respondents

¶12

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue appropriate writs, order, or directions and more particularly, issue a writ in the nature of Mandamus to direct the 2nd respondent to pay interest for provident fund amount of Rs.3,94,737/and further direct to pay interest for delay in making payment of provident fund for 18 months to the petitioner.

¶13

For Petitioner : Ms. Beulah John Selvaraj For R1 : Mr. S.Yeshwanth, Additional Government Pleader For R2 & R3 : Mr. V. Ramesh

¶14

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

1/5

W.P.No. 4464 of 2025

ORDER

This Writ Petition has been filed in the nature of a Mandamus

¶19

seeking a direction against the second respondent to pay interest for the Provident Fund amount of Rs.3,94,737/- consequent to the delay in payment of such amount after a period of 18 months.

¶20

In the affidavit filed in support of this writ petition, it had been stated that the petitioner had joined as an Assistant in Vikravandi Town Panchayat on 01.02.1995. The petitioner was then promoted as a bill collector on 21.09.2016. Thereafter, the petitioner was tasked with notifying the general public about the increase in the property tax and informing them about the outstanding property tax. Thereafter, the second respondent withheld Rs.3,94,737/- from the Employees Provident Fund. The petitioner was directed to pay a sum of Rs.1,85,134/-, which was paid on 25.03.2023. The petitioner retired on attaining the age of superannuation on 31.03.2023. The petitioner had earlier filed a writ petition in W.P.No.1794/22 seeking settlement of terminal benefits. A direction was issued on 07.08.2024. It had been stated that a sum of Rs.3,94,737/- had been paid but the same had not been paid with interest. 2/5

¶21

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

¶22

W.P.No. 4464 of 2025

¶23

A direction had been issued to the respondents to pay interest. When the matter came up initially on 10.02.2025, Mr.S. Yeshwanth, learned Additional Government Pleader had taken notice for the first respondent and Mr.V.Ramesh, learned counsel had taken notice for the respondents 2 and 3.

¶24

In view of the fact stated above, the 2^nd respondent is directed to pay interest at the rate of 6% on the said sum of Rs.3,94,737/- from the date on which it should have been paid till the date when it had been actually paid.

¶25