WA/380/2026 of The Assistant Provident Fund Commissioner Vs Kamadhenu College of Arts and Science

2026:MHC:1407 WA No. 380 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WA No. 380 of 2026 The Assistant Provident Fund Commissioner Employees Provident Fund Organization, Sri Jaya Lakshmi Plaza, Anna Salai, Swarnapuri, Salem-04. Now having office at, Regional Office, Steel Plant Road, Dalavaipatti, Salem-302. ..Appellant(s) Vs M/s.Kamadhenu College of Arts and Science Dharmapuri-705. ..Respondent(s) Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed by the Learned Judge in WP No. 17885 o f 2023 dated 19.08.2025 and pass such other order or further orders as this Court. For Appellant(s): Mr.R.Meenakshi JUDGMENT (Judgment of the Court was delivered by S.M.Subramaniam J.) The Assistant Provident Fund Commissioner Employees Provident Fund Organization has instituted the present intra-court ap peal challenging the writ order dated 19.08.2025 passed in W.P.No.17885 of 2023. https://www.mhc.tn.gov.in/judis WA No. 380 of 2026 __________ Page2 of 4 2. De hors the merits adjudicated, the writ petition came to be dismissed mainly on the ground of delay and laches. Admittedly, ther e is a delay of nine years in instituting the writ proceeding. Therefore, the Writ Court formed an opinion that such a petition filed by the department after an enormous delay is not entertainable. 3. This Court does not find any further reason to deviate from the findings of the Writ Court, which is in consonance with the lega l principles. The reasons stated by the appellant that there is an adm inistrative delay, and delay in interdepartmental communication, resulted in filing of the petition after nine years are unacceptable, and such reasons cannot be constr ued as valid, and the delay is construed as uncondonable. 4. Whenever there is an enormous delay on the part o f the department in instituting such legal proceedings, the higher authoritie s are duty-bound to conduct an enquiry to find out the reasons, and if there is any laches, dereliction of duty, or negligence on the part of any of the officials, all appropriate actions, including departmental disciplinary procee dings are to be initiated by following the procedure. Even collusion or corrupt practices are also to be enquired into in such circumstances. 5. Financial loss, if any, caused to the organization on account of https://www.mhc.tn.gov.in/judis WA No. 380 of 2026 __________ Page3 of 4 dereliction of duty on the part of the authorities, if an y, to be ascertained, and such financial loss to be quantified and to be recovered from the officials, who are accountable for non-initiation of appropriate action und er the provisions of the Act and the Rules. Thus, the Additional Central Provident Commissioner, New Delhi is directed to call for the file, look into the same, and take appropriate action in the manner known to law. 6. With the above direction, the writ order made in WP No. 17885 of 2023 dated 19.08.2025 is confirmed and writ appeal is dism issed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.S.,J.) 02-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD Copy to Additional Central Provident Fund Commissioner Office of the Addl. Central Provident Fund Commissioner (Delhi & Uttarakhand), Bhavishya Nidhi Bhawan, 8th Floor, 28, Community Centre, Wazirpur Industrial Area, New Delhi. Pin Code-110052 https://www.mhc.tn.gov.in/judis WA No. 380 of 2026 __________ Page4 of 4 S.M.SUBRAMANIAM, J. AND K.SURENDER, J. GD WA No. 380 of 2026 02-04-2026 https://www.mhc.tn.gov.in/judis