1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Appeal (MD)Nos.221 to 223 of 2011 and M.P.(MD)No.1 of 2011 in WA(MD)Nos.221 to 223 of 2011 S.Durgeshwaran : Appellant in all the WAs Vs. 1.The Regional Provident Fund Commissioner, Employees Provident Fund Organisation, Tirunelveli. : 1st respondent in WA 222/2011 2.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Tirunelveli. :1st respondent in WA 223/2011 3.Recovery Officer, Employees Provident Fund Organization, Sub-Regional Office, Bhavishyanidhi Bhawan, NGO 'B' Colony, Tirunelvel-627 007. : Respondent in WA 221/2011 & 2nd Respondent in WAs 222 & 223 of 2011 W.A.(MD)No.221/2011: Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge dated 06.10.2010 made in W.P.(MD) No.6174 of 2008. WP.6174/2008 in WA(MD)No.221/2011:- Petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of certiorari calling for the records in E.P.F.C.P. 17 No.TN/TNY/46991/C.D.111/RECY/T.23/2008, dated 10.6.2008 on the file of the respondent and to quash the same in competent. W.A.(MD)No.222/2011: Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge dated 06.10.2010 made in W.P.(MD) No.11472 of 2008. WP.11472/2008 in WA(MD)No.222/2011:- Petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of certiorari calling for the records https://hcservices.ecourts.gov.in/hcservices/ 2 pertaining to the demand notice in E.P.F.C.P.1 No.TN/TNY/46991/ RECY/2008018/Circle 22/2008, dated 3.3.2008 and other consequential orders on the file of the second respondent in pursuant to the demand notice and to quash the same as illegal, in competent. W.A.(MD)No.223/2011: Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge dated 06.10.2010 made in W.P.(MD) No.1700 of 2009. WP.1700/2009 in WA(MD)No.223/2011:- Petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of certiorari calling for the file No.TN/TNY/46991.Enf./Circle 22/22005/2006 dated 9.6.2008 on the file of the first respondent and to quash the same as illegal, in competent. For Appellant : Mr.P.Pethu Rajesh in all the WAs For respondents : Mr.K.Murali Shankar in all the WAs JUDGMENT [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR, J] When the writ appeals were taken up for hearing, learned counsel for the appellant submitted that the appellant may be permitted to withdraw the writ appeals with liberty to file appeals under Section 7-I of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. He has also made an endorsement to that effect. 2.In view of the submission and the endorsement made, the writ appeals are dismissed as withdrawn, with liberty to the appellant to file appeals. Learned counsel for the respondents submitted that original orders of assessment will be handed over to the counsel for the appellant within a week. The appellant is permitted to file the appeals within a period of two weeks from the date of receipt of the original orders of assessment. No costs. Connected M.P.(MD)No.1 of 2011 in all the W.As. are also dismissed. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To: 1.The Regional Provident Fund Commissioner, Employees Provident Fund Organisation, Tirunelveli. https://hcservices.ecourts.gov.in/hcservices/ 3 2.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Tirunelveli. 3.Recovery Officer, Employees Provident Fund Organization, Sub-Regional Office, Bhavishyanidhi Bhawan, NGO 'B' Colony, Tirunelvel-627 007. + 3 cc's to Mr.P.Pethu Rajesh, Advocate, SR Nos.10671 to 10673 JUDGMENT IN WA(MD)Nos.221 to 223 of 2011 and MP(MD)No.1 of 2011 in Dated:01.03.2011 gb RJ/11.3.11 3p/7c https://hcservices.ecourts.gov.in/hcservices/