KAMALAM SRTHURAMALINGAM Vs. RECOVERY OFFICER

JUDGEMENT

(1.) Heard Mr. AR. L. Sundaresan, learned senior counsel representing Mr. D. Kothandaramasamy, learned Counsel for the Petitioner, Mr. K. Gunasekaran, learned Counsel for the Respondents 1 and 2 and Mr. B. Dhanaraj, learned Counsel for the third Respondent.

(2.) The writ petition was filed by the Ex-Director of the third Respondent M/s. Madhu Spinning and Weaving Mills Private Limited, Coimbatore, challenging an order dated 22.11.2000 passed by the first Respondent Recovery Officer.

(3.) By the impugned order, the Recovery Officer attached to the Provident Fund department, informed the Petitioner that M/s. Madhu Spinning and Weaving Mills (P) Ltd., Coimbatore failed to pay a sum of Rs. 28,65,157/- in respect of certificates dated 21.4.1997, 7.4.1998 and 21.4.1999 and the same was forwarded to the Recovery officer and that in default in paying the said amount, penal interest has to be levied under Section 7Q of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (herein after shortly referred to as "EPF and MP Act"). Therefore, the Petitioner being a director of the defaulter establishment, she was prohibited from transferring or charging the properties set out in the said order. The properties were all situated in the Kerala State and solely belonged to the Petitioner and there was no dispute regarding the same.