1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)Nos. 9501 of 2011 and 9502 of 2011 P.Harihara Subramanian ... Petitioner in W.P. No. 9501 of 2011 Antonyraj ... Petitioner in W.P.No. 9502 of 2011 Vs. 1. The Recovery Officer, Employees Provident Fund Organization, Sub-Regional Office, Bhavishyanidhi Bhavan, NGO "B" Colony, Tirunelveli - 7. 2.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Bhavishyanidhi Bhavan, NGO "B" Colony, Tirunelveli -7. 3. Geethanjaly Mills Ltd., Sri Gomathipuram, Sankarankovil, Tirunelveli District, Rep. by its Managing Director, P.R.Ramasubramania Raja ...Respondents in both Writ Petitions Prayer: Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to the impugned order passed by the first respondent in his proceedings No. TN/TNY/935/Recy/CP16001/2011 dated 29.4.2011 and to quash the same as illegal in so far as it relates to Survey Nos. 132/2, 118/3, 118/5, 119/2, and 124/5 respectively are concerned and to pass such other and further orders as this Court may deem fit and proper in the circumstances of the case. For Petitioners : Mr. V.Kathirvelu,Senior Counsel for Mr.K.Prabhu For R1,R2 : Mr. R.Murali Shankar For R3 : Mr.M.Thirunavukarasu C O M M O N O R D E R The present writ petitions came to be filed seeking issuance of writ of Certiorari to call for the records relating to the impugned order passed by the first respondent in his proceedings No.TN/TNY/935/ Recy/CP16001/2011 dated 29.4.2011 and to quash the same as illegal in so far as it relates to Survey Nos. 132/2 and 118/3, 118/5, 119/2 and 124/5. 2. The learned counsel appearing for the petitioners submits that the petitioner in W.P. No. 9501 of 2011 namely, Harihara Subramanian and the petitioner in W.P. NO. 9502 of 2011 namely, Antonyraj aggrieved by the impugned order of attachment of immovable properties dated 29.4.2011 https://hcservices.ecourts.gov.in/hcservices/ 2 passed by the Recovery Officer, Tirunelveli, have come to this Court by filing the present Writ Petitions to quash the same. 3. The learned Senior Counsel for the petitioner submits that the immovable properties in Survey Nos. 132/2 and 118/3, 118/5, 119/2 and 124/5 were originally belonging to Geethanjaly Mills Limited. While so, the first respondent-the Recovery Officer, Employees Provident Fund Organization, Tirunelveli by order of attachment dated 25.6.2004 attached the properties in question covered in the aforesaid Survey Nos for recovery of arrears of Employees Provident Fund that was committed by the third respondent. As a result, aggrieved by the said order, the third respondent filed a Writ Petition before this Court in W.P. No. 26823 of 2005 challenging the said attachment of immovable properties. Since a conditional order was passed by this Court on 5.8.2005, complying the said condition, the third respondent has cleared all the arrears regarding the Employees Provident Fund. On compliance of the order clearing all the arrears that was payable to the first respondent, the said attached immovable properties were released by an order dated 14.12.2005. 4. The learned Special Government Pleader appearing for the respondents 1 and 2 also brought to the notice of this Court, the said order dated 14.12.2005 in and by which the Recovery Officer has released the attached immovable properties and also given a direction to the Enforcement Officer to release the attached properties after obtaining proper acknowledgment. On that basis, it was contended that only after the land in question was released by an order dated 14.12.2005 the petitioner in two writ petitions purchased the said property covered in Survey Nos. 132/2 and 118/3, 118/5, 119/2 and 124/5 on 15.12.2005. Therefore, the petitioners were under bona fide impression that the properties which they have purchased on 15.12.2005 were not subject matter of attachment order passed by the Recovery Officer. While so, after purchasing the released property the first respondent once again without applying his mind, as though the property purchased covered under the aforesaid Survey numbers are still having liability passed an order of attachment. As a result, the petitioner's property also going to be further proceeded to other attachments. On that basis, they are praying for setting aside the impugned order. 5. The learned counsel appearing for the first and the second respondents fairly submitted that so far as the petitioner's properties covered in Suvey NOs. 132/2 and 118/3, 118/5, 119/2 and 124/5 are concerned, the order passed by the first respondent releasing the attachment on 14.12.2005 will stand good even today. He further made a statement before this Court that the third respondent has left huge arrears of money to the extent of 80 lakhs. Therefore, he was praying for liberty to be given to proceed against the third respondent in accordance with law for the purpose of recovering the balance amount. Of course liberty is always with him and the first respondent has also passed an releasing attachment on 14.12.2005 clearing the way for the petitioner to purchase the property and the property covered in Survey Nos. 132/2 118/3, 118/5, 119/2 and 124/5 purchased by the petitioner cannot be https://hcservices.ecourts.gov.in/hcservices/ 3 proceeded afresh by the Recovery Officer. However as requested the liberty is given to the respondents 1 to proceed in accordance with law against the original owner/the third respondent in accordance with law if so advised. 6. With the above observations, the Writ Petition stands allowed and the impugned order is set aside. 7. It is also made clear that the petitioner in W.P.(MD) No. 9501 of 2011 has purchased the land only in Survey No.132/2 and the petitioner in W.P.(MD) No. 9502 of 2011 has purchased the land in Survey Nos. 118/3, 118/5, 119/2, 124/5. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar(CS) To, 1. The Recovery Officer, Employees Provident Fund Organization, Sub-Regional Office,Bhavishyanidhi Bhavan,NGO "B" Colony, Tirunelveli – 7. 2.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Bhavishyanidhi Bhavan,NGO "B" Colony,Tirunelveli -7. ses GH : 31.10.2011 : 3p/3c W.P.(MD)Nos. 9501 and 9502 of 2011 10.10.2011 https://hcservices.ecourts.gov.in/hcservices/