2025:KER:30681 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 11059 OF 2025 PETITIONERS: 1 MOHANAN.B AGED 64 YEARS S/O. SHRIPATHY (LATE), PRESIDENT, SARASWATHI VIDHYALYAM ENGLISH MEDIUM SCHOOL, SATHYANARYANAPURAM, AMMANGOD, BOVIKKANAM.P.O, MULIYAR, KASARAGOD DISTRICT, PIN – 671 542. 2 SADASIVAN.C AGED 59 YEARS S/O. KUNHIRAMAN NAIR.E, HEAD MASTER, SARASWATHI VIDHYALYAM ENGLISH MEDIUM SCHOOL, SATHYANARYANAPURAM, AMMANGOD, BOVIKKANAM.P.O, MULIYAR, KASARAGOD DISTRICT, PIN – 671 542. BY ADVS. HEMALATHA BINU GEORGE AVANI P.S. RESPONDENTS: 1 EMPLOYEES STATE INSURANCE CORPORATION REPRESENTED BY ITS DEPUTY DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION SUB REGIONAL OFFICE, ESIC, HOUSE FED COMPLEX (3RD FLOOR) SASTHRI NAGAR ROAD, ERANJIPALAM, KOZHIKODE, PIN – 673 006. 2 THE RECOVERY OFFICER EMPLOYEES STATE INSURANCE CORPORATION SUB REGIONAL OFFICE, ESIC, HOUSE FED COMPLEX (3RD FLOOR) SASTHRI NAGAR ROAD, ERANJIPALAM, KOZHIKODE, PIN – 673 006. 2025:KER:30681 WP(C) NO.11059 OF 2025 2 BY ADVS. SRI. ADARSH KUMAR SRI. SHASHANK DEVAN SRI. T.V AJAYAKUMAR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30681 WP(C) NO.11059 OF 2025 3 JUDGMENT The petitioners are the President and Head Master of Saraswathi Vidhyalayam English Medium School, Kasaragod District respectively which is covered under the provisions of the Employees’ State Insurance Act, 1948 (for short, ‘the ESI Act’). Exts.P4 and P6 recovery notices under Section 45C to 45I of the ESI Act were issued to the petitioners. The prayer of the petitioners is for a direction to the respondents to permit them to pay the amounts covered by Exts.P4 and P6 in twenty five equal monthly installments. 2. Heard the learned counsel for the petitioners and Sri.Adarsh Kumar, the learned Standing Counsel for the ESI Corporation. 2025:KER:30681 WP(C) NO.11059 OF 2025 4 3. Taking into account the plea regarding the financial hardships being faced by the petitioners, there will be a direction to the petitioners to pay the amounts covered by Exts.P4 and P6, less any amount already remitted by them, in twelve equal monthly installments commencing from 15.05.2025. Once the first installment as aforesaid is paid, the attachment, if any, in respect of the Bank account of the petitioners shall be lifted. In case the petitioners default payment of any of the installments as aforesaid, it will be open to the respondents to proceed against the petitioners in accordance with law. It will be open to the petitioners to approach the 1st respondent for details of the amount to be remitted pursuant to 2025:KER:30681 WP(C) NO.11059 OF 2025 5 Exts.P4 and P6. The writ petition is disposed of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:30681 WP(C) NO.11059 OF 2025 6 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 A TRUE COPY OF VISIT NOTE DATED 30.07.2019 ISSUED BY INSPECTION OFFICE, KASARAGOD DIVISION, ESI CORPORATION. EXHIBIT P2 A TRUE COPY OF COMMUNICATION DATED 29.08.2019 ISSUED FROM SUB REGIONAL OFFICE, ESI CORPORATION, KOZHIKODE. EXHIBIT P3 A TRUE COPY OF COMMUNICATION DATED 22.06.2021 ISSUED BY DEPUTY DIRECTOR SUB REGIONAL OFFICE, KOZHIKODE. EXHIBIT P4 A TRUE COPY OF NOTICE DATED 09.01.2025 ISSUED BY DEPUTY DIRECTOR, SUB REGIONAL OFFICE, KOZHIKODE. EXHIBIT P5 A TRUE COPY OF NOTICE DATED 21.01.2025 ISSUED BY DEPUTY DIRECTOR, SUB REGIONAL OFFICE, KOZHIKODE. EXHIBIT P6 A TRUE COPY OF NOTICE OF DEMAND UNDER SECTION 45C TO 45-I OF THE ESI ACT DATED 04.02.2025 ISSUED BY DEPUTY DIRECTOR, SUB REGIONAL OFFICE, KOZHIKODE. EXHIBIT P7 A TRUE COPY OF REPRESENTATION DATED 10.03.2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT EXHIBITS: NIL.