2025:KER:28663 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. 13779 OF 2025 PETITIONER: ANBALANGAN DURAIAPPAN AGED 57 YEARS S/O. DURAIAPPAN, NANDHA NAGAR, SINGANALLUR, COIMBATORE SOUTH, SINGANALLUR, COIMBATORE, TAMIL NADU, PIN – 641 005. BY ADVS. BIJU .C. ABRAHAM THOMAS C.ABRAHAM BASIL MATHEW RESPONDENTS: 1 THE EMPLOYEES STATE INSURANCE CORPORATION REPRESENTED BY ITS RECOVERY OFFICER, SUB REGIONAL OFFICE, ESIC SRO, ERNAKULAM, ESIC 5TH AND 6TH FLOOR, BSNL BHAWAN, KALATHIPARAMBU ROAD, ERNAKULAM DISTRICT, PIN – 682 016. 2 THE SOUTH INDIAN BANK KUMILY BRANCH, WARD NO. XII, NAMPOZHIL BUILDINGS, K.K. ROAD, NEAR KSRTC BUS STATION, KUMILY P O, IDUKKI DISTRICT, PIN – 685 509. SMT. RESMI THOMAS – GP R1 – SRI. T.V AJAYAKUMAR R2 – SRI. P.A AUGUSTINE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28663 WP(C) NO.13779 OF 2025 2 JUDGMENT The petitioner is the proprietor of an establishment covered under the Employees’ State Insurance Act, 1948 (for short, ‘ESI Act’). The petitioner defaulted payment of contribution to the Employees’ State Insurance Corporation and the Corporation issued Ext.P1 communication demanding the petitioner to pay the contributions due to the Corporation. Later, the Corporation issued Ext.P3 Garnishee order under Section 45G of the ESI Act and freezed the account of the petitioner with the 2nd respondent Bank. The limited prayer of the petitioner in this writ petition is for a direction to the 1st respondent to permit him to pay the arrears of due in equated monthly installments. 2025:KER:28663 WP(C) NO.13779 OF 2025 3 2. Heard the learned counsel for the petitioner, Sri.T.V.Ajayakumar, the learned Standing Counsel for the 1st respondent and Sri.P.A.Augustine, the learned counsel for the 2nd respondent. 3. Since the petitioner is not disputing the liability to pay the dues to the Employees’ State Insurance Corporation, and considering the plea regarding hardships caused, there will be a direction to the petitioner to pay an amount of Rs.1,81,015/- mentioned in Ext.P3, minus the amount, if any, already recovered, in ten equal monthly installments commencing from 03.05.2025. On payment of the first installment, the respondents shall lift the attachment and permit the petitioner to operate his account with 2025:KER:28663 WP(C) NO.13779 OF 2025 4 the 2nd respondent. In case the petitioner defaults payment of any of the installments as aforesaid, it will be open to the 1st respondent to proceed against him in accordance with law. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:28663 WP(C) NO.13779 OF 2025 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE NOTICE BEARING NO. 47000656320001101/REV DATED 22/11/2024 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 19/02/2025 SIGNED BY THE SOCIAL SECURITY OFFICER, ESI, ERNAKULAM IN THE LETTER HEAD OF THE HOTEL. EXHIBIT P3 TRUE COPY OF THE ORDER BEARING NO. 470000656320001101/CP45(G) DATED 18/03/2025 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. RESPONDENT S EXHIBITS : NIL.