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W.P(MD)No.11474 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.11474 of 2023 and W.M.P.(MD).No.9963 of 2023 S.A.Joy Raja ... Petitioner Vs The Assistant Director, Employees State Insurance Corporation, Panchadeep Bhavan, ESI C Complex, Salai Street, Vanarapettai, Tirunelveli. ... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order made by the respondent in his proceedings in No.60-00-040388-000-1304/45- A/SRO/TLI/902-2021/376/22 dated 17.03.2023 and quash the same as illegal. For Petitioner : Mr.V.Meenakshi Sundaram For Respondent : Mr.R.Ravindran 1/4 https://www.mhc.tn.gov.in/judis
W.P(MD)No.11474 of 2023 ORDER This writ petition has been filed quashing the impugned order passed by the first respondent dated 17.03.2023. 2. The learned counsel appearing for the petitioner submitted that the impugned order has been passed by the first respondent under Section 45-A of the Employees' State Insurance Act, 1948. He would further submit that the petitioner is aggrieved by the said order and has challenged the same by filing the present writ petition. 3. Heard the learned counsel appearing for the respondent. 4. This Court is not inclined to entertain the writ petition, since the impugned order has been passed under Section 45-A of the Employees' State Insurance Act, 1948, against which an effective and efficacious statutory remedy of appeal is available under the provisions of the Act before the Employees' Insurance Court. It is well settled that when an effective alternative statutory remedy is available, this Court would ordinarily refrain from exercising its 2/4 https://www.mhc.tn.gov.in/judis
W.P(MD)No.11474 of 2023 extraordinary jurisdiction under Article 226 of the Constitution of India, unless exceptional circumstances are made out. No such exceptional circumstance has been demonstrated in the present case. Accordingly, the petitioner is granted liberty to work out the statutory remedy before the competent authority/forum in the manner known to law. It is further made clear that the period during which the present writ petition was pending before this Court shall stand excluded for the purpose of computing the period of limitation, if the petitioner approaches the competent appellate authority/forum, in accordance with law. 4. Accordingly, this Writ Petition stands disposed of with the above liberty. No costs. Consequently, connected miscellaneous petition is closed.
13.07.2026 NCC : Yes / No Index : Yes / No TSG To The Assistant Director, Employees State Insurance Corporation, Panchadeep Bhavan, ESI C Complex, Salai Street, Vanarapettai, Tirunelveli. 3/4 https://www.mhc.tn.gov.in/judis
W.P(MD)No.11474 of 2023 M.DHANDAPANI, J. TSG W.P(MD)No.11474 of 2023 13.07.2026 4/4 https://www.mhc.tn.gov.in/judis