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2025 DAILYLAW 4521 (KER)

MARIYA DAS, v. DEPUTY LABOUR OFFICER,

WP(C)/10230/2025 · 2025-03-28

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

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2025:KER:27225 WP(C) No.10230 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28 TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 10230 OF 2025 PETITIONER: MARIYA DAS, AGED 72 YEARS S/O MICHAEL,SANTHI NIVAS, COLONY ROAD, MUNNAR, IDUKKI DISTRICT, PIN - 685612 BY ADV LATHEESH SEBASTIAN RESPONDENTS: 1. ADDL.R2 DEPUTY LABOUR OFFICER, MUNNAR,IDUKKI AS THE ASSESSING OFFICER UNDER THE KERALA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT, PIN - 685612 KERALA BUILDING & OTHER CONSTRUCTION WORKERS’ WELFARE BOARD, OFFICE OF KERALA BUILDING & OTHER CONSTRUCTION WORKERS’ WELFARE BOARD, THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS SECRETARY. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 28.03.2025 IN I.A.1 OF 2025) BY SMT.SHEEJA C.S., SR.GOVT. PLEADER SRI.S.KRISHNAMOORTHY, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27225 WP(C) No.10230 of 2025 2 JUDGMENT The petitioner had constructed a building and the 1 st respondent has assessed Rs.72,326/- as welfare cess to be paid by him under the Kerala Building and other Construction Workers Welfare Cess Act, 1996. Since the petitioner did not remit the amount, Ext.P1 notice was issued to the petitioner by the 1 st respondent informing the petitioner that revenue recovery proceedings will be initiated against him for recovery of the amount. Challenging Ext.P1, the petitioner has filed this writ petition. 2. The learned counsel for the petitioner submits that the petitioner is aged 72 years and is in financial constraints, and prays for granting instalment facility to remit the amount referred to in Ext.P1. 3. Heard Sri.Latheesh Sebastian, the learned counsel for the petitioner, Smt.Sheeja C.S, the learned Senior Government Pleader for the 1 st respondent and Sri.S.Krishnamoorthy, the learned Standing Counsel for the additional 2 nd respondent. 4. Taking note of the plea regarding financial hardship of 2025:KER:27225 WP(C) No.10230 of 2025 3 the petitioner, there will be a direction to the petitioner to pay the amount covered by Ext.P1 including service charge and other charges, in ten equal monthly instalments commencing from 02.05.2025. If the petitioner defaults payment of any of the instalments, it will be open to the 1 st respondent to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against him pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:27225 WP(C) No.10230 of 2025 4 APPENDIX OF WP(C) 10230/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE OF THE RESPONDENT DATED 27.01.2025