Madras High Court
Kanimozhi Ganesan vs The Director Of Matriculation Schools on 28 July, 2025
Writ Petition No.2612 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL
Writ Petition No.2612 of 2022
and W.M.P.No.2762 of 2022
Kanimozhi Ganesan
...Petitioner
Vs
1.The Director of Matriculation Schools,
DPI Compound, College Road,
Nungambakkam, Chennai – 600 006.
2.The Recovery Officer,
Employees State Insurance Corporation,
Sub Regional Office, 1897, Trichy Road,
Panchadeep Bhavan, Ramanathapuram,
Coimbatore.
3.The Branch Manager,
Lakshmi Vilas Bank,
No.T-25, PB No.2, Kovaipudur,
Coimbatore – 641 010.
... Respondent
PRAYER : Writ Petition filed Under Article 226 of the Constitution of
India, to issue a writ of certiorarified Mandamus, to call for the records on
the file of the second respondent issued in No.CBE/RECY/CP-
3/56/111939/1301, dated 10.01.2022 and quash the same and consequently
direct the third respondent to lift the freezing of the Bank Account of the
1/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/08/2025 01:57:23 pm )
Writ Petition No.2612 of 2022
petitioner maintained in the Lakshmi Vilas Bank Account of the petitioner
maintained in the Lakshmi Vilas Bank, bearing Savings Bank Account
No.0188351000000412, T.25, PB No.2, Kovaipudur,
Coimbatore – 641 010.
For Petitioner : M/s.Haritha
For Respondents : M/s.T.N.C.Kaushik for R2
R1 and R3 – served No Appearance
ORDER
This writ petition has been preferred to quash the order passed by the second respondent in No.CBE/RECY/CP-3/56/111939/1301, dated 10.01.2022 and to direct the 3rd respondent to lift the freezing of the Bank Account of the petitioner maintained in the Lakshmi Vilas Bank Account of the petitioner maintained in the Lakshmi Vilas Bank, bearing Savings Bank Account No.0188351000000412, T.25, PB No.2, Kovaipudur, Coimbatore – 641 010.
2. The learned counsel appearing for the petitioner would submit that the petitioner was running K.G.Public Matric Hr. Sec. School, Pachapalayam, Perur, Coimbatore, he was the correspondent of the school. Thereafter, due to the administrative reason, the school was closed based on the proposal sent by the petitioner to the first respondent on 29.10.2020, the 2/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/08/2025 01:57:23 pm ) Writ Petition No.2612 of 2022 first respondent through proceedings No.O.Mu.No.1111/Aa1/2021, dated 10/2021. Thereafter, the ESI Inspector of the second respondent issued a notice in Ref.No.ESI No.56-00-111939-000-1301/INS IV/SRO, dated 27.09.2019 by directing to make payment of Rs.2,96,910/- towards ESI contribution for the period from 01.01.2011 to 31.05.2019. Thereafter, the petitioner filed a petition before the Labour Court, but no sufficient opportunity was given and the same is still pending. Thereafter, the petitioner paid payment of Rs,2,99,228/- by way of Demand Draft on 21.12.2019, even after that the second respondent passed the impugned order on 10.01.2022. Thereafter, the second respondent issued another notice dated 27.05.2020 directing to make contribution of Rs.16,15,653/- which includes the contribution of Rs.8,97,682/-, interest of Rs.7,15,621/- and further interest of Rs.2,350/-, in total. Since already the school was closed, the petitioner was not in a position to pay the above said amount. In the meantime, the second respondent passed a prohibitory order dated 10.01.2022 prohibiting and restraining the bank account of the petitioner school being maintained by the petitioner. The second respondent has no right to pass such order. Therefore, the petitioner filed this petition. 3/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/08/2025 01:57:23 pm ) Writ Petition No.2612 of 2022
3. The learned counsel appearing for the 2nd respondent would submit that already the respondents passed order under Section 45 A of ESI Act by quantifying the amount and the impugned order is the consequential order. Without challenging the order passed by the authorities under Section 45 A of ESI Act, the petitioner straight away challenged this order. Therefore, the writ petition is liable to be dismissed.
4. Heard both sides and perused the materials available on records.
5. It is an admitted fact that the school was closed by the proceedings of the first respondent through proceedings No.O.Mu.No.1111/Aa1/2021, dated 10/2021. Thereafter, the 2nd respondent has passed an order under Section 45 A of the ESI Act on 10.01.2022. According to the petitioner, no notice was served to him about the order passed by the second respondent under Section 45 A of the ESI Act. Therefore, they are unable to challenge the said order. Learned counsel submits that the writ petition is maintainable since without giving opportunity the said order has been passed and relied on the following 4/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/08/2025 01:57:23 pm ) Writ Petition No.2612 of 2022 judgments of this Court:
(i) M/s.Joshua Matriculation School Vs. ESI Corporation in W.P.No.15405 of 2020;
(ii) M.Kannan Vs ESI Corporation and others in W.P.No.722 of 2024.
6. On a careful perusal of the said judgments would show that they will not applicable to the facts of the present case, whereas in W.P.No.15405 of 2020, this Court held that dues cannot be recovered during the Covid 19 Pandemic period and in W.P.No.722 of 2024, where the petitioner was not related to the business of the establishment against which the order has been passed. In the case on hand, the petitioner admitted the coverage of ESI Act to the school and after closure of the school, the order was passed under Section 45 A of the ESI Act. This impugned order is consequential order. However, considering the fact that the school has already been closed and thereafter the second respondent passed the order, this Court is inclined to grant liberty to the petitioner to challenge the said order under Section 45 A of the ESI Act in the manner known to law within one month from the date of receipt of copy of this 5/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/08/2025 01:57:23 pm ) Writ Petition No.2612 of 2022 order. Till such time, the second respondent need not take any coercive steps.
7. With the above said observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
28.07.2025 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No ub 6/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/08/2025 01:57:23 pm ) Writ Petition No.2612 of 2022 To The Labour Court, Kancheepuram.
7/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/08/2025 01:57:23 pm ) Writ Petition No.2612 of 2022 P.DHANABAL , J.
ub Writ Petition No.2612 of 2022 28.07.2025 8/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/08/2025 01:57:23 pm )