Kerala High Court
For Information Purpose Only vs Ms. Pazhassiraja Universal ... on 19 March, 2021
IA/1/2021 IN WP(C) 6530/2020 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday,the 19th day of March 2021/28th Phalguna, 1942
IA/1/2021 IN WP(C)/6530/2020(M)
For information purpose only
PETITIONER/PETITIONER
MS. PAZHASSIRAJA UNIVERSAL PUBLIC SCHOOL,
BY ITS CHAIRMAN SRI.MOHANAN NAMBIAR, AGED 67 YEARS,
S/O.N.NARAYANAN NAIR, RESIDING AT NANDANAM,
P.O.MUNDAYADVARAM, ELAYAVOOR, KANNUR, PIN-673 594.
RESPONDENT/RESPONDENT
ASSISTANT PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE,
BHAVISHYANIDHIBHAVAN, ERANHIPPALAM P.O., KOZHIKODE DISTRICT,
PIN-673 006.
Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to extent the time limit granted to the petitioner as per the judgment dated
06.03.2020 for a further period of 12 months from today.
This application coming on for orders upon perusing the application and the affidavit filed in
support thereof, and this Court's judgment dated 06/03/2020 and upon hearing the arguments
of Sri. S.K.SAJU, Advocate for the petitioner in I.A./WPC and of Sri. DR.ABRAHAM
P.MEACHINKARA, STANDING COUNSEL for the Respondent in IA/WP(C), the court
passed the following.
IA/1/2021 IN WP(C) 6530/2020 2/3
RAJA VIJAYARAGHAVAN V, J.
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IA 1 of 2021 IN WP(C) No.6530 of 2020
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Dated this the 19th day of March 2021
For information purpose only
ORDER
This application is filed in a disposed of writ petition seeking enlargement
of time.
2. The petitioner had approached this Court challenging the proceedings
initiated under Section 7Q of the Employees Provident Fund and
Miscellaneous Provisions Act, 1952. By judgment dated 6.3.2020, this Court
had disposed of the matter granting the petitioner an opportunity to clear off
the amounts in 16 equal instalments, the first of which was payable on
1.4.2020.
3. Sri.S.K.Saju, the learned counsel submitted that the petitioner is a
school and its operation had come to a complete standstill on 23.3.2020
when lockdown was declared in the country. They are facing acute financial
stringency and in the said circumstances were not able to comply with the
directions. He submitted that unless the petitioner is granted an opportunity
to pay the amount due in 12 instalments with lawful interest, they will be
subjected to grave hardship.
4. I have heard Sri. Abraham Meachinkara, the learned standing
IA/1/2021 IN WP(C) 6530/2020 3/3
counsel appearing for the respondent and I have considered the submissions
advanced.
Having regard to the facts and circumstances and the submissions
made across the Bar, I direct the petitioner to pay a sum of Rs.4 lakhs within
For information purpose only
a period of one week from today. If the amount is paid as ordered, the
respondent shall permit the petitioner to pay the balance amount due to the
respondent together with interest and as quantified by them in 12 equal
monthly instalments, the first of which shall commence from 1.4..2021. If
the petitioner failed to pay the sum of Rs.4 lakhs as ordered or if even one
default is committed in paying the instalments, the benefit of this order shall
not be available to the petitioner and the respondent may surge ahead with
the proceedings for recovery. Under no circumstances shall any further
extension be granted.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
/true copy/
Sd/-
ASSISTANT REGISTRAR
