2025:KER:28611 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 10436 OF 2025 PETITIONER: VENU P. RAMACHANDRAN AGED 53 YEARS SON OF RAMACHANDRAN, PATTATHIKALATHIL HOUSE, KADAKKARAPPALLY P.O., CHERTHALA, ALAPPUZHA, PIN – 688 524. BY ADVS. B.ASHOK SHENOY P.S.GIREESH ARJUN R NAIK UMASANKER U.U. ADITYA A. SHENOY RESPONDENTS: 1 EMPLOYEES PROVIDENT FUND ORGANISATION REPRESENTED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE, BHAVISHYANIDHI BHAWAN, KALOOR, KOCHI, PIN – 682 017. 2 THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAWAN, KALOOR, PIN – 682 017. BY ADV. V. JOHN MANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.10436 OF 2025 : 2 : 2025:KER:28611 JUDGMENT The petitioner is the proprietor of an establishment which is covered under the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short, ‘the Act’). The petitioner has filed this writ petition aggrieved by the recovery steps initiated by the 2nd respondent vide Exts.P2 and P4 on the ground that the proceedings under Sections 7Q and 14B of the Act are not served on the petitioner. The petitioner, accordingly, addressed the 2nd respondent vide Exts.P3, P5 and P8 for copies of those proceedings. The limited prayer of the petitioner is for a consideration Exts.P3, P5 and P8 by the 2nd respondent. 2. Heard Adv. Ashok Shenoy B, the learned Counsel for the petitioner and Adv. V.John Mani, the WP(C) NO.10436 OF 2025 : 3 : 2025:KER:28611 learned Standing Counsel for the EPFO. 3. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the 2nd respondent to consider Exts.P3, P5 and P8 representations in accordance with law with notice to the petitioner, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Till such time orders are passed and communicated to the petitioner, there shall not be any coercive proceedings against the petitioner pursuant to Exts.P2 and P4. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.10436 OF 2025 : 4 : 2025:KER:28611 APPENDIX OF WP(C) 10436/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE LATEST CHALLAN RECEIPT FOR THE MONTH OF JANUARY 2025 GENERATED ON 4.2.2025, EVIDENCING PAYMENT OF CONTRIBUTIONS UNDER EPF ACT BY PETITIONER. Exhibit P2 TRUE COPY OF THE SHOW CAUSE NOTICE NO.KR/KCH/21453/RECOVERY/2022-23/3917 DATED 21.8.2023 ISSUED TO PETITIONER BY 2ND RESPONDENT. Exhibit P3 TRUE COPY OF THE LETTER DATED 28.8.2023 ADDRESSED BY PETITIONER TO 2ND RESPONDENT WITH THE OFFICIAL DATED SEAL OF THE 2ND RESPONDENT THEREIN AFFIXED ACKNOWLEDGING IT. Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE NO.KR/KCH/21453/RECOVERY/2022-23/9931 DATED 29.12.2023 ISSUED TO PETITIONER BY 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 10.1.2024 SUBMITTED BY PETITIONER TO 2ND RESPONDENT ALONGWITH POSTAL RECEIPT. Exhibit P6 TRUE COPY OF EMAIL DATED 13.1.2024 WHEREBY EXHIBIT P5 REPRESENTATION WAS SENT TO 2ND RESPONDENT BY EMAIL. Exhibit P7 TRUE COPY OF THE TABULAR STATEMENT AFFORDED TO PETITIONER BY ENFORCEMENT OFFICER UNDER 2ND RESPONDENT. Exhibit P8 TRUE COPY OF THE LETTER DATED 17.12.2024 SUBMITTED BY PETITIONER TO 2ND RESPONDENT WITH OFFICIAL DATED SEAL AFFIXED ON IT, ACKNOWLEDGING ITS RECEIPT.