1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P.(MD).No.4070 of 2011 And M.P.(MD).Nos.1 & 2 of 2011 Q 1282, Chithirangudi Primary Agricultural Credit Society Ltd., Rep. through its Secretary V. Ganesan Chithirangudi Mudukulathur Taluk Ramanathapuram District : Petitioner Vs. 1. The Assistant Provident Fund Commissioner Employees Provident Fund Organization Regional Office Madruai - 600 002 2. The Recovery Officer Employees Provident Fund Organization Regional Office Madurai - 600 002 : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records on the file of the first respondent by an order in TN/RO/MDU/29486/RO/CIRCLE 05/PDC/LD/2008 dated 16.09.2008 and the consequent order of the second respondent in No. M5/TN/MD/29486/Recy/RO/10 dated 17.2.2010 and quash the same. For Petitioner : Mr.V.O.S.Kalaiselvam For Respondents : Mr.G.R.Swaminathan O R D E R The petitioner has invoked the jurisdiction of this Court to challenge the order passed under Section 14 (B) of the Employees' Provident Fund and Miscellaneous Provisions Act 1952, [herein-after referred to as the "Act"]. 2. It is not disputed by the learned counsel for the petitioner that the statutory appeal against the impugned order lies to the Employees Provident Fund Appellate Tribunal, New Delhi. 3. In view of the alternative statutory remedy, the learned counsel for the petitioner seeks permission of this Court, to withdraw this Writ Petition to avail the statutory remedy, and has also made an endorsement to this effect. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Keeping in view of the fact that the petitioner has been bona fide prosecuting the Writ in this Court, the liberty is granted to the petitioner to file statutory appeal in accordance with law within 30 days of the receipt of certified copy of the order. 5. In case the appeal is filed within the stipulated period, it be treated to be filed within the limitation and the learned Appellate Tribunal is directed to decide it on merit in accordance with law. 6. The Writ Petition is dismissed as withdrawn, with liberty as referred to. 7. Connected Miscellaneous Petitions are dismissed. No costs. Sd/- Deputy Registrar (W) /True Copy/ Assistant Registrar To 1. The Assistant Provident Fund Commissioner Employees Provident Fund Organization Regional Office Madruai - 600 002 2. The Recovery Officer Employees Provident Fund Organization Regional Office Madurai - 600 002 +1cc to Mr.V.O.S.Kalaiselvam, Advocate, SR.No.30715 vsg GH : 26.09.2011 : 2p/4c W.P.(MD).No.4070 of 2011 And M.P.(MD).Nos.1 & 2 of 2011 09.09.2011 https://hcservices.ecourts.gov.in/hcservices/