Kerala Hindi Prachar Sabha vs The Regional Provident ...
2021 Latest Caselaw 19860 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
       THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                              WP(C) NO. 19769 OF 2021
PETITIONER:

                  KERALA HINDI PRACHAR SABHA
                  VAZHUTHACADU, THIRUVANANTHAPURAM 14,
                  REPREENTED BY ITS SECRETARY B MADHU,
                  AGED 62 YEARS, S/O. SUGUMARAN NAIR,
                  AISWARYA, ARAMADA P.O,
                  THIRUVANANTHAPURAM 32.
                  BY ADVS.R.V.SREEJITH
                  G.MAHESWARY


RESPONDENTS:

       1          THE REGIONAL PROVIDENT FUND COMMISSIONER
                  REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION,
                  BHAVISHYANIDHI BHAWAN, P.B NO. 1016, PATTOM,
                  THIRUVANANTHAPURAM, KERALA 695 004.
       2          THE ASSISTANT PROVIDENT FUND COMMISSIONER
                  REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION,
                  BHAVISHYANIDHI BHAWAN, P.B NO. 1016, PATTOM,
                  THIRUVANANTHAPURAM, KERALA 695 004



                  SC. NITHA. N.S



THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19769 OF 2021
                                     2




                        BECHU KURIAN THOMAS, J
                     ===========================
                          W.P.(C) No.19769 of 2021
                         ---------------------------------
                Dated this the 23 rd day of September, 2021


                                JUDGMENT

Petitioner is the Kerala Hindi Prachar Sabha. It

claims financial crisis due to the dearth of students

in the organisation on account of Covid-19 pandemic.

The liability under the Employees Provident Fund

dues have been imposed upon it as per Exts.P3 and

P4 for the period from 11/2017 till 1/2020.

2. The learned counsel for the petitioner submits that

the petitioner is not disputing the quantification or

the liability, however, on account of the peculiar

circumstances now prevailing, they seek only a

breathing time to repay the amount. It is also

submitted that if the breathing time is not granted,

the services rendered by the Sabha will be WP(C) NO. 19769 OF 2021

completely destroyed.

3. I have heard Adv.R.V.Sreejith, the learned counsel

for the petitioner as well as Adv.Nitha N.S., the

learned Standing counsel for the respondents.

4. Having regard to the submissions made by

Adv.R.V.Sreejith and taking note of the peculiar

circumstances now prevailing, as well as the nature

of service rendered by the petitioner, I am of the

view that this is one of the situations where an

indulgence can be shown in the matter of repayment,

especially since the petitioner is not disputing the

liability or the quantum. The respondents are also

agreeable on giving reasonable time for the petitioner

to repay the entire amount. In the view of the

above, I am of the opinion that the petitioner can be

granted '12' equal monthly instalments for repaying

the entire amount quantified as per Exts.P3 and P4.

5. Hence, there will be a direction to the respondents WP(C) NO. 19769 OF 2021

to accept the amounts quantified as per Exts.P3 and

P4 in '12' equated monthly instalments and to defer

all coercive proceedings initiated against the

petitioner till such period of repayment is completed.

6. In the event of default of any one instalment, the

respondents shall be free to initiate appropriate

proceedings in accordance with law and the benefit

of this judgment shall not enure to the petitioner.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE AMV/23/09//2021 WP(C) NO. 19769 OF 2021

APPENDIX OF WP(C) 19769/2021

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF NOTICE NO.

KR/TVM/0008888/000/ENF 502/DAMAGES DATED 12-07-2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P2 THE TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 12-08-2021 Exhibit P3 THE TRUE COPY OF ORDER NO.

KR/TVM/8888/DAMAGES CELL/2021-22 DATED 30-08-2021 Exhibit P4 THE TRUE COPY OF ORDER NO.

KR/TVM/8888/DAMAGES CELL/7Q/2021-22 DATED 31-08-2021 Exhibit P5 THE TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER DATED 08-09-2021 SEEKING AN EMI FACILITY IN PAYMENT OF DAMAGES Exhibit P6 THE TRUE COPY OF THAT REPRESENTATION SUBMITTED BY THE PETITIONER DATED 10-09-2021 Exhibit P7 THE TRUE COPY OF THE POSTAL RECEIPT EVIDENCING EXHIBIT P5 Exhibit P8 THE TRUE COPY OF THE POSTAL RECEIPT EVIDENCING EXHIBIT P6

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE