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2023 DAILYLAW 5354 (MAD)

G.Umaselvan v. The Deputy Sub-Regional Director

WP(MD)/15828/2023 · 2026-07-15

M Dhandapani

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.15828 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.15828 of 2023 and WMP (MD) No.12281 of 2023 G.Umaselvan ... Petitioner(s) vs. 1. The Deputy Sub-Regional Director, Employees State Insurance Corporation, 39/57, Three Roads, Salem. 2. The Recovery Officer, Employees State Insurance Corporation, 39/57, Three Roads, Salem. ... Respondent(s) PRAYER : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondents not to take coercive steps into the prohibitory orders in No. Slm/Recy/CP4(PO)/63-00-098001-000-0108 dated 21.06.2023 to the ICICI Bank and in No. Slm/Recy/CP4(PO)/63-00-098001-000-0108 dated 21.06.2023. 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.15828 of 2023 For Petitioner : Mr.V.O.S.Kalaiselvam For Respondents : Mr.R.Ravikumar O R D E R This writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondents not to take any coercive steps pursuant to the prohibitory orders bearing No. Slm/Recy/CP4(PO)/63-00-098001-000-0108 dated 21.06.2023 issued to ICICI Bank and the consequential proceedings arising therefrom. 2. The learned counsel appearing for the petitioner submitted that the petitioner is a textile industry and has challenged the prohibitory order issued by the Employees’ State Insurance Corporation on the ground that the impugned order was passed without affording an opportunity of hearing and without passing a proper adjudication order, in violation of the principles of natural justice. However, during the course of hearing, the learned counsel appearing for the respondents produced the determination order passed under Section 45A of the ESI Act and submitted that the impugned prohibitory order had been issued only 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.15828 of 2023 pursuant to the said determination proceedings. 3. In view of the subsequent production of the order passed under Section 45A, the learned counsel for the petitioner sought permission to withdraw the writ petition with liberty to challenge the determination order in the manner known to law. 4. Recording the said submission, the writ petition is dismissed as withdrawn with liberty to the petitioner to challenge the adjudication order in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed. 15.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.15828 of 2023 To 1. The Deputy Sub-Regional Director, Employees State Insurance Corporation, 39/57, Three Roads, Salem. 2. The Recovery Officer, Employees State Insurance Corporation, 39/57, Three Roads, Salem. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.15828 of 2023 M.DHANDAPANI ,J. PKN ORDER MADE IN W.P(MD)No.15828 of 2023 DATED : 15.07.2026 5/5 https://www.mhc.tn.gov.in/judis