W.P.(MD)No.7893 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.11.2022
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.7893 of 2014
and
M.P.(MD)Nos.1 & 2 of 2014
S.Arumugam ... Petitioner
Vs.
1. The Assistant PF Commissioner,
Employees Provident Fund Organisation,
Sub-Regional Office,
Bhavishya Bhawan,
N.G.O. 'B' Colony,
Tirunelveli – 627 007.
2. Puliangudi Municipality,
represented by its Commissioner,
Puliangudi,
Tirunelveli District. ... Respondents
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 relating to the impugned order passed by the second respondent
in Na.Ka.2161/2013/C1, dated 23.12.2013 and the consequential order of
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W.P.(MD)No.7893 of 2014
the second respondent in Na.Ka.2161/2013/C1, dated 24.01.2014 and
quash the same.
For Petitioner : Mr.R.Gowri Shankar
For R1 : Mr.K.Murali Shankar
For R2 : Mr.N.Dilip Kumar
ORDER
This Writ Petition is filed for Writ of Certiorari to quash the
impugned order passed by the second respondent, dated 23.12.2013 and
the consequential order, dated 24.01.2014.
2. The brief facts as stated in the affidavit is that the petitioner
is doing contractual works to various Government bodies. The petitioner
has also done contractual works for District Rural Development Agency
(DRDA) also. For the period of 2010-2011 there was a sudden hike of
the material prices viz cement, sand etc. It has severely affected the
petitioner's business, whereby, he has to spent heavily from his pocket.
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In such circumstances, a summon dated 15.07.2013, was issued by the
first respondent and the second respondent has passed the impugned
order, dated 23.12.2013, directing the petitioner to pay a sum of
Rs.4,30,000/- for the year 2011-2012 and Rs.8,74,000/- for the year
2012-2013. In the subsequent order, the petitioner was directed to pay
the said amount within three days, otherwise deterrent action would be
taken against the petitioner.
3. When the matter was taken up for hearing, the learned
Counsel appearing for the first respondent has circulated a judgment
rendered by this Court in W.P.(MD)No.10397 of 2014 batch, dated
25.08.2014, wherein, this Court has quashed the impugned order, since
the respondent has not given sufficient opportunity to the petitioner.
Since the impugned order would involve civil consequences, this Court
has directed the respondent to issued fresh notice and pass a speaking
order.
4. Therefore, this Court is following the said order and passing
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the following orders:
(i) The impugned order is set aside
(ii) The respondents are directed to issue fresh notice to the
petitioner and the petitioner shall submit his explanation.
(iii) After considering the documents and the submission of the
petitioner, the respondents shall pass a speaking order.
5. With the above said direction, this Writ Petition is allowed.
No costs. Consequently, connected miscellaneous petitions are closed.
01.11.2022
Index : Yes / No
Internet : Yes / No
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To
1. The Assistant PF Commissioner, Employees Provident Fund Organisation, Sub-Regional Office, Bhavishya Bhawan, N.G.O. 'B' Colony, Tirunelveli – 627 007.
2. Puliangudi Municipality, represented by its Commissioner, Puliangudi, Tirunelveli District.
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S.SRIMATHY, J
jbr
Order made in W.P.(MD)No.7893 of 2014
01.11.2022
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