1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2011 CORAM: THE HONOURABLE Mr.JUSTICE K.CHANDRU W.P(MD)No.7462 of 2011 and M.P(MD)No.2 of 2011 Nithinraj .. Petitioner Vs. 1.The Registrar, Employees Provident Fund Appellate Tribunal, Scope Miniar, Core-II, 4th Floor, Lakshmi Nager, New Delhi – 110 092. 2.The Recovery Officer, Employees Provident Fund Organisation, 66, Water Tank Road, Nagercoil, Kanyakumari District. 3.The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Sub Regional Office, 66, Water Tank Road, Nagercoil, Kanyakumari District. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the second respondent in TN/SRO/NGL/9589/Recy/ C-31/2011 dated 20.05.2011 which was published in Daily Thandhi Newspaper on 07.06.2011 and quash the same and consequently directing the respondents to allow the petitioner to submit documents relating to assessment and consider the same and to pass such further or other orders. For Petitioner : Mr.M.Edwin Jeyakumar For Respondents 2&3 : Mr.V.S.V.Venkateshwaran O R D E R The petitioner is a cashew exporter. In the present writ petition, the petitioner has come forward to challenge a notification made in the daily newspaper viz., Daily Thanthi intimating public auction of the petitioner's properties. 2. It is stated that the properties were brought under sale in view of the petitioner's establishment having dues to the Department to the extent of Rs.5,65,857/-. The notification was preceded by a proclamation of sale issued under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. 3. The contention of the petitioner was that they have preferred an appeal before the Employee's Provident Fund Appellate Tribunal challenging the order passed under Section 7-A dated 20.05.2009 passed by the Assistant Provident Fund Commissioner, Nagercoil and the appeal is https://hcservices.ecourts.gov.in/hcservices/ 2 pending in A.T.A.No.256(131)10 and on that premise, the present writ petition is filed. 4. When the writ petition came up on 06.07.2011, notice was ordered. Pending the notice, interim stay was granted on the condition that the petitioner deposits 50% of the amount demanded within a period of four weeks. 5. On taking notice for the respondents, Mr.V.S.V.Venkateswaran, learned standing counsel states that the interim order was not complied with by the petitioner. In any event, the premise, under which the writ petition came to be filed was that the appeal preferred by the petitioner under Section 7-I was pending before the Employees Provident fund Appellate Tribunal and before its finality they should not execute the order passed under Section 7-A. But however Mr.V.S.V.Venkateswaran, learned standing counsel for the respondents states that the appeal filed by the petitioner in A.T.A.No.256(131)10 was dismissed by the Tribunal on 28.01.2011. Therefore the contention that the appeal is pending is erroneous and in the above circumstances, the premise under which the writ petition was filed does not exist. Further, the petitioner has not complied with the interim order. When once the Court grants interim order on terms, the person who sought for such order should comply with the interim order in obedience to the Order and the Court cannot be used like a playground to suit the convenience of the parties. In the said circumstances, the writ petition is misconceived, bereft of legal reasoning and accordingly stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Registrar, Employees Provident Fund Appellate Tribunal, Scope Miniar, Core-II, 4th Floor, Lakshmi Nager, New Delhi – 110 092. 2.The Recovery Officer, Employees Provident Fund Organisation, 66, Water Tank Road, Nagercoil, Kanyakumari District. 3.The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Sub Regional Office, 66, Water Tank Road, Nagercoil, Kanyakumari District. W.P(MD)No.7462 of 2011 and M.P(MD)No.2 of 2011 14.10.2011 smn RJ/31.10.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/