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2025 DAILYLAW 6283 (KER)

IG ENGLISH SCHOOL v. THE ASSISTANTANT PROVIDENT FUND COMMISSIONER

WP(C)/12743/2025 · 2025-04-07

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:30090 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 12743 OF 2025 PETITIONER: IG ENGLISH SCHOOL REPRESENTED BY ITS CHAIRMAN RAJEEB ABDUL RAHIMAN CHATHANUR, KARUKAPUTHUR, PIN – 679 535. BY ADVS. SAURAV SHAJI RESHVAN A. MUHAMMED AZHARUDEEN A. VINAYAK PRASAD PALIATH S.SAJEEB RESPONDENTS: THE ASSISTANTANT PROVIDENT FUND COMMISSIONER RAM ARCADE, 2ND FLOOR, WALAYAR, COIMBATORE RD, CHANDRANAGAR COLONY, PALAKKAD, KERALA, PIN – 678 007. BY ADV. DR. ABRAHAM P. MEACHINKARA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12743 OF 2025 : 2 : 2025:KER:30090 JUDGMENT The petitioner is an establishment covered under the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short, ‘the Act’). By Ext.P2, an order has been passed by the respondent under Section 7A of the Act determining the dues from the petitioner. Pursuant to the same, the petitioner’s bank account at South Indian Bank, Ermapetty Branch has been attached by the respondent in exercise of the powers under Section 8F of the Act. The petitioner has filed this writ petition seeking to quash Ext.P2. The petitioner has also sought for a direction to the respondent to permit the petitioner to pay the amount covered by Ext.P2, in reasonable instalments. WP(C) NO.12743 OF 2025 : 3 : 2025:KER:30090 2. Heard the learned Counsel for the petitioner and Adv. Dr. Abraham P. Meachinkara, the learned Standing Counsel for the respondent. 3. Though Ext.P2 order is dated 31.05.2022, the petitioner has not preferred any statutory appeal against the same. The limited prayer for the petitioner is for payment of the amount covered by Ext.P2, in instalments. 4. The learned Standing Counsel submits that the petitioner can be permitted to pay the amount covered by Ext.P2 in reasonable instalments. 5. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:- a) The petitioner shall remit the amount covered by Ext.P2 in 24 equal monthly instalments commencing from 07.05.2025. WP(C) NO.12743 OF 2025 : 4 : 2025:KER:30090 b) On payment of the 1st instalment as above, the attachment of the petitioner’s bank account pursuant to Ext.P2 shall stand lifted and the petitioner shall be permitted to operate the account. c) If the petitioner defaults payment of any of the instalments, it will be open to the respondent to proceed against the petitioner in accordance with law. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.12743 OF 2025 : 5 : 2025:KER:30090 APPENDIX OF WP(C) 12743/2025 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF SUMMONS DATED 19.01.2022 ISSUED BY THE RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 31.5.2022 ISSUED BY THE RESPONDENT. EXHIBIT P3 TRUE COPY OF REPRESENTATION SENT TO THE RESPONDENT. EXHIBIT P4 TRUE COPY OF THE LETTER DATED ISSUED BY THE RESPONDENT TO THE BANK MANAGER, SOUTH INDIAN BANK, ERMAPETTY BRANCH.