1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 19.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12278 of 2011 and M.P(MD)Nos.1 and 2 of 2011 P.R.Radha ..Petitioner Vs 1. The Recovery Officer, Employees' Provident Fund Organization, Sub-Regional Office, Bhavishyanidhi Bhavan, NGO"B"Colony, Tirunelveli - 627 007. 2. The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub- Regional Office, Bhavishyanidhi Bhavan, NGO 'B' Colony, Tirunelveli – 627 007. 3. Geethanjaly Mills Limited, Sri Gomathipuram, Sankarankovil, Tirunelveli District, represented by its Managing Director. ..Respondents. * Corrected as per the letter dt.17.1.2013 in WP(MD) No.12278 of 2011 Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records of the first respondent herein in his proceedings in No. TN/TNY/935/Recy/C.P.16001/2011, dated 29.04.2011 and to quash the same as illegal in respect of the petitioner's land in Survey No.121 to an extent of 3 acres in Vadikottai Village, Karivalamvanthanallur, Sankarankovil Taluk, Tirunelveli District and consequently to direct the first respondent herein to release the petitioner's property forthwith. For Petitioner :M/s.K.K.Senthil For Respondents :Mr.K.K.Muralishankar 1 and 2 For Respondent-3:Mr.K.Hemakarthikeyan ORDER The present Writ Petition has been filed by P.R.Radha challenging the proceeding issued by the first respondent/ Recovery Officer, Employees' Provident Fund Organization, Sub-Regional Office, Bhavishyanidhi Bhavan, NGO"B"Colony, https://hcservices.ecourts.gov.in/hcservices/ 2 Tirunelveli District in proceedings in No.TN/TNY/935/Recy/C.P.16001/2011, dated 29.04.2011, to quash the same as illegal in respect of the petitioner's land in S.No.121 to an extent of 3 acres Vadikottai Village, Karivalamvanthanallur, Sankarankovil Taluk, Tirunelveli District and consequently to direct the first respondent herein to release the petitioner's property forthwith. 2. It has been submitted by the learned counsel for the petitioner that the petitioner's property was the property of the third respondent and the same was attached by the first respondent by order, dated 24.05.20o4 and the said order of attachment was challenged by the third respondent by filing Writ Petition No.26823 of 2005. By order dated 5.8.2005, this Court imposed some conditions for payment of certain amount. Complying with the said conditions, the third respondent reported the compliance of the said conditions and as a result, an order of stay against attachment was granted. Finally, the first respondent released the attached property by order, dated 14.12.2005. Therefore as on 14.12.2005, there was no attachment subsisting against the property covered under S.No.121 ad- measuring 5.16 hectares of land. Therefore, the petitioner as a bona fide purchaser has purchased an extent of 3 acres in S.No.121, on 30.04.2009, i.e., after four years from the date of release of the attachment order. When the petitioner thus has become the original owner/bona fide purchaser for valuable consideration, on account of non-payment of certain damages by the third respondent, once again the recovery officer has passed the impugned order on 29.04.2011 attaching the petitioner's property as well. The petitioner being a bona fide purchaser has come to this Court challenging the order of attachment passed by the Recovery Officer/first respondent herein on 29.04.2011, only in respect of the petitioner's property ad-measuring 3 acres in S.No.121. 3. The learned counsel for the respondents 1 and 2 also submits that the petitioner is no doubt a bona-fide purchaser as on 30.4.2009 since no order of attachment was subsisting on that day. On an earlier occasion also when the property of the present petitioner belonging to the third respondent was under attachment for non-payment of Provident Fund Contribution. Challenging the same, the third respondent filed W.P.No.26823 of 2005 and this Court passed some conditional order. Complying with the said conditional order the entire award amount was deposited. On the basis of the compliance of the order passed by this Court in W.P.No.26823 of 2005 on 5.8.2005, the first respondent has released the attachment order by order, dated 14.12.2005. It is also an admitted fact that by order dated 8.6.2011, when this Court has directed the third respondent to deposit Rs.16 lakhs by the Recovery officer/first respondent herein, it has been admitted by all the counsels for the parties that the said order has been duly complied with. Therefore it goes without saying that the petitioner on the date, when he purchased the property on 30.04.2009, there was no order of attachment subsisting on the petitioner's property. https://hcservices.ecourts.gov.in/hcservices/ 3 Therefore this Court by giving liberty to the Recovery Officer to proceed against the third respondent in accordance with law in respect of other portion of properties, hereby set aside the impugned order only in respect of petitioner's property ad- measuring 3 acres under S.No.121 alone. Consequently, this Court also directs the Recovery Officer/the first respondent herein to release the property of the petitioner alone to the extent mentioned above as per the description of property shown in the sale deed in which the petitioner has become the owner of the land in question. 4. With this observation the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(Crl.Side) Cause Title corrected as per the letterof the Counsel for the Respondent dated 17.1.2013 Sd/- Assistant Registrar (CO) /True Copy/ Sub-Assistant Registrar To Order to be Substituted to the order already despatched on 9.1.2012 1. The Recovery Officer,Employees' Provident Fund Organization, Sub-Regional Office,Bhavishyanidhi Bhavan,NGO"B"Colony, Tirunelveli - 627 007 2.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization,Sub- Regional Office, Bhavishyanidhi Bhavan,NGO 'B' Colony, Tirunelveli – 627 007. vsn rl/2c – 9.1.2012 W.P(MD)No.12278 OF 2011 19.12.2011 GDR 28.02.2013 3P/3C https://hcservices.ecourts.gov.in/hcservices/