M/s. Ramanathapuram District Central Cooperative Bank Limited v. The Assistant Provident Fund Commissioner

Madras HC3 Jul 2025WP(MD)/14810/2025

Case brief

AI extract

What is this about?

EPF attachment notice; alternative statutory remedy; writ not entertained where appeal pending before EPF Appellate Tribunal; stay application to be decided within two months; recovery proceedings kept in abeyance till then; Ramanathapuram District Central Co-operative Bank; Assistant Provident Fund Commissioner and Recovery Officer, EPFO Madurai; Article 226 certiorari; Employees' Provident Funds and Miscellaneous Provisions Act, 1952; Madurai Bench of Madras High Court.

What did the court decide?

Writ petitions not entertained on merits and disposed of with no costs; connected Writ Miscellaneous Petitions closed; tribunal directed to dispose of the stay application within two months, and recovery proceedings kept in abeyance till then. ¶¶64

M/s. Ramanathapuram District Central Cooperative… — Writ and Judicial Review | Madras HC (2025)

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶2

DATED: 03.07.2025

¶3

CORAM

¶4

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

¶5

W.P.(MD)Nos.14810 to 14813 of 2025 and W.M.P(MD)Nos.11110, 11113, 11111 & 11114 of 2025

¶6

W.P.(MD)No.14810 of 2025

¶7

M/s.Ramanathapuram District Central Co-operative Bank Limited, Rep. by Administrator/Joint Registrar, No.265-E, Vandikkara Street, Ramanathapuram.

¶8

...Petitioner

¶9

¶10

1.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002.

¶11

2.The Recovery Officer, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002. ...Respondents

¶12

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice of attachment issued by the 2^nd respondent vide RRC/No.D. 294/2024/MD/MDU4168/M-5/2025, dated 21.05.2025, and quash the same .

¶13

1/7

¶14

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

¶15

For Petitioner : Mr.D.Shanmugaraja Sethupathi

¶16

For Respondents : Mr.Anwar Sameem Standing Counsel

¶17

¶18

W.P.(MD)No.14811 of 2025

¶19

M/s.Ramanathapuram District Central Co-operative Bank Limited, Rep. by Administrator/Joint Registrar, No.265-E, Vandikkara Street, Ramanathapuram.

¶20

...Petitioner

¶21

¶22

1.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002.

¶23

2.The Recovery Officer, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002. ...Respondents

¶24

...Respondents

¶25

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice of attachment issued by the 2^nd respondent vide RRC/No.D. 295/2024/MD/MDU4168/M-5/2025, dated 21.05.2025, and quash the same .

¶26

For Petitioner : Mr.D.Shanmugaraja Sethupathi

¶27

For Respondents : Mr.Anwar Sameem Standing Counsel

¶28

¶29

2/7

¶30

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

¶31

W.P.(MD)No.14812 of 2025

¶32

M/s.Ramanathapuram District Central Co-operative Bank Limited, Rep. by Administrator/Joint Registrar, No.265-E, Vandikkara Street, Ramanathapuram.

¶33

...Petitioner

¶34

¶35

1.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002.

¶36

2.The Recovery Officer, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002. ...Respondents

¶37

...Respondents

¶38

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice of attachment issued by the 2^nd respondent vide RRC/No.D. 296/2024/MD/MDU4168/M-5/2025, dated 21.05.2025, and quash the same .

¶39

For Petitioner : Mr.D.Shanmugaraja Sethupathi

¶40

For Respondents : Mr.Anwar Sameem Standing Counsel

¶41

¶42

3/7

¶43

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

¶44

W.P.(MD)No.14813 of 2025

¶45

M/s.Ramanathapuram District Central Co-operative Bank Limited, Rep. by Administrator/Joint Registrar, No.265-E, Vandikkara Street, Ramanathapuram.

¶46

...Petitioner

¶47

¶48

1.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002.

¶49

2.The Recovery Officer, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Chockikulam, Madurai - 625 002. ...Respondents

¶50

...Respondents

¶51

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice of attachment issued by the 2^nd respondent vide RRC/No.D. 297/2024/MD/MDU4168/M-5/2025, dated 21.05.2025, and quash the same.

¶52

For Petitioner : Mr.D.Shanmugaraja Sethupathi

¶53

For Respondents : Mr.Anwar Sameem Standing Counsel

¶54

¶55

4/7

¶56

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

¶57

COMMON ORDER

¶58

These Writ Petitions have been filed by the Ramanathapuram District Central Co-operative Bank Limited challenging the order of attachment passed by the second respondent under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

¶59

2.According to the learned Standing counsel appearing for the respondents, the petitioners have already filed their appeal before the appellate tribunal and it has been numbered. According to the learned Counsel appearing for the petitioners, the stay petitions have not yet been taken up for hearing.

¶60

3.Considering the fact that the petitioners have already availed their statutory appeal remedy, this Court is not inclined to entertain the present writ petitions.

¶61

4.The tribunal is directed to dispose of the stay application filed by the petitioners herein within a period of 2 (two) months from the date of receipt of a copy of this order. Till such time, recovery proceedings shall be kept in abeyance.

¶62

5/7

¶63

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

¶64

5.With the above said observations, these Writ Petitions stand disposed of. No costs. Consequently, connected Writ Miscellaneous Petitions are also closed.

¶65

03.07.2025

¶66

NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

¶67

6/7

¶68

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

¶69

R.VIJAYAKUMAR, J.

¶70

RJR