WP/14996/2026 of CHINNAIYAN Vs The Joint Registrar of Co-Operative Societies
WP No. 14996 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-04-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 14996 of 2026
AND
WMP NO. 16211 OF 2026
Chinnaiyan
S/o.Kandasamy,
Former Secretary,
S.1234 Primary Agricultural Co-Operative Credit
Society Ltd.,
Seshanchavadi, Senthrayanpalayam Post,
Valapadi Taluk, Salem District.
Now residing at:
No.133, Ayya Goundar Street, Valapadi Taluk
Salem District.
..Petitioner
Vs
1. The Joint Registrar of Co-operative Societies
Joint Registrar of Co-Operative Societies Office,
Salem Zone, Salem District.
2. The Deputy Registrar of Co-operative Societies
Deputy Registrar of Co-Operative Societies Office,
Salem Zone, Salem District.
3. The President
S.1234 Primary Agricultural Co-operative Credit
Society Ltd.,
Seshanchavadi, Senthrayanpalayam Post,
Valapadi Taluk, Salem District.
4. The Secretary
S.1234 Primary Agricultural Co-Operative Credit
Society Ltd.,
Seshanchavadi, Senthrayanpalayam Post,
Valapadi Taluk, Salem District.
..Respondents
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WP No. 14996 of 2026
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PRAYER : Writ Petition filed under Article 226 of the Constituti on of India
praying to issue a Writ of Certiorarified Mandamus calling for re cords relating
to the impugned order passed by the 2nd respondent in Na.Ka.No.2649/
2024/PACCS dated 07.10.2024, to quash the same, and consequently to direct
the respondents to disburse the Provident Fund amount along with principal and
accrued interest within the time frame fixed by this Court.
For Petitioner: Ms.Neelavathi P
For Respondents: Mr.K.Tamilvendan
Government Advocate for R1 to R4
ORDER
The writ petition has been filed seeking to quash the impugned order
passed by the 2 nd respondent in Na.Ka.No.2649/2024/PACCS dated 07.10.2024
and to direct the respondents to disburse the Provident Fund along with interest.
2. The petitioner was employed in the 3 rd respondent Society as Secretary
on 18.12.1978 and had retired from service on 31.03.2015 on attaining the age
of superannuation. On the date of his retirement, the 3 rd respondent had passed a
Resolution, sanctioning the payment of retirement benefits viz., Earned Leave
Salary (Leave Salary) of Rs.1,76,183/-, Provident Fund and Subscription
Amount with interest of Rs.3,74,932/- and Gratuity Amount of Rs,5,19,771/-, to
the petitioner. Despite the admitted liability and several repr esentations, the
respondent-Society had not been paid the petitioner the retirement bene fits.
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WP No. 14996 of 2026
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Therefore, the petitioner had submitted his representation to the respondents 2
to 4 on 16.09.2022, requesting to disburse his Provident Fund along with
interest. The 2 nd respondent vide proceedings dated 26.07.2024 had rejected the
request of the petitioner alleging that the Society is in a poor financial condition.
3. Thereafter, the petitioner had approached the respondents both wit h
oral and written representations. On 13.09.2024, the petitioner had submitte d a
representation which was rejected by the 2 nd respondent vide impugned order
dated 07.10.2024 stating that the 3 rd respondent Society had not deposited the
Employees Provident Fund amount either in the EPF Office or in the LI C, and
further, they are not in a position to make the payment immediate ly to the
petitioner, on account of the accumulated loss to the respondents, to t he tune of
Rs.1.68 crores, and that the same would be disbursed only when its financi al
position improves. The petitioner had waited till July 2025. Since the payment
was not disbursed to him, he submitted yet another representation on
20.07.2025 and the same is pending. Hence, the petitioner is before this Court
seeking to quash the impugned order of the second respondent dated 07.10.2024
and also to direct the respondents to disburse the Provident Fund.
4. Heard the learned counsel on either side and also perused the ma terials
placed on record.
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WP No. 14996 of 2026
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5. It is rather a strange reason that has been given by the 2 nd respondent
for rejecting the petitioner's request for disbursing the EPF amount to him. That
the petitioner had contributed his share of Provident Fund has not been
disputed, the employer is bound to pay his share of Provident Fund amount and
also has to ensure that the same is invested judiciously. The failure on the part
of the employer to deposit the sum either in the Employees Provident Fund
Account or in LIC policies / deposits, cannot be a ground to deny the pet itioner
his rightful due. Financial incapacity cannot be an excuse for not disbursing the
EPF amount. The employer is bound to deposit his share as well as the amount
deducted from the employees account towards Provident Fund into the
Employees Provident Fund Account. The fact that the 2 nd respondent pleads
financial incapacity clearly shows that they have not contributed the ir share of
the Employees Provident Fund amount, which could also invite a penal act ion
under the Employees' Provident Fund Act. Therefore, the writ petition is
allowed and the impugned order is quashed and the respondents are direct ed to
disburse the Provident Fund amount to the petitioner, which he is entitl ed to, on
or before 28.06.2026. No costs. Consequently, connected miscellaneous petition
is closed.
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WP No. 14996 of 2026
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Post the writ petition for reporting compliance on 29.06.2026.
17-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
DS
To:
1. The Joint Registrar of Co-operative Societies
Joint Registrar of Co-Operative Societies Office
Salem Zone, Salem District.
2. The Deputy Registrar of Co-operative Societies
Deputy Registrar of Co-Operative Societies Office
Salem Zone, Salem District.
3. The President
S.1234 Primary Agricultural Co-operative Credit
Society Ltd.,
Seshanchavadi, Senthrayanpalayam Post
Valapadi Taluk, Salem District.
4. The Secretary
S.1234 Primary Agricultural Co-Operative Credit
Society Ltd.,
Seshanchavadi, Senthrayanpalayam Post
Valapadi Taluk, Salem District.
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WP No. 14996 of 2026
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P.T.ASHA J.
DS
WP No. 14996 of 2026
and
WMP No. 16211 OF 2026
17-04-2026
https://www.mhc.tn.gov.in/judis