Pg Subramanian vs District Labour Officer
2022 Latest Caselaw 10376 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                        WP(C) NO. 31860 OF 2022
PETITIONER:

            PG SUBRAMANIAN
            MANAGING PARTNER, PGS HOSPITALITY,
            PUTHUSSERIKUNNEL, NERIAMANGALAM,
            ERNAKULAM DISTRICT, PIN - 686693
            BY ADVS.
            NIKITA NAIR C.S.
            T.T.SHANIBA
            M.V.VIPINDAS
            AMAL DEV D
            PRAVEEN.H.
            K.S.SMITHA
            G.HARIHARAN

RESPONDENTS:

    1       DISTRICT LABOUR OFFICER
            DISTRICT LABOUR OFFICE, KUNNUMPURAM,
            CIVIL STATION ROADN ECHAMUKU,
            KUNNUMPURAM, THRIKKAKARA, VAZHAKKALA,
            KAKKANAD, ERNAKULAM, PIN - 682030
    2       THE DEPUTY TAHASILDAR (RR),
            FOURTH FLOOR, REVENUE TOWER,
            SH 16, KOTHAMANGALAM, KERALA, PIN - 686666
    3       THE VILLAGE OFFICER,
            NERIAMANGALAM VILLAGE OFFICE,
            NERIAMANGALAM, ERNAKULAM, PIN - 686693
            BY ADV SRI.JIMMY GEORGE, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No. 31860 of 2022

                                        2




              P.V.KUNHIKRISHNAN, J.
             ------------------------------
            W.P.(C).No. 31860 of 2022
     ----------------------------------------------
     Dated this the 07th day of October, 2022


                               JUDGMENT

The above writ petition is filed with the

following prayers:

"(i) Issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to collect the amounts allegedly due under the Building and Other Construction Workers Welfare Cess;

(ii) Issue a writ of mandamus or any other appropriate writ or order restraining the 2 nd and 3rd respondents from initiating any coercive measures on the strength of Exhibit P1 and Exhibit P2 notices;

(iii) Issue a writ of mandamus or any other appropriate writ of order restraining respondents 2 and 3 from demanding collection charges from the petitioner;

(iv) To pass such orders or reliefs as this Hon'ble Court deems fit in the interest of justice."[SIC] W.P.(C).No. 31860 of 2022

2. The petitioner is challenging Exts.P1 and

P2 revenue recovery notices issued against him for

realization of amount due under the Building and

Other Construction Workers Welfare Cess Act, 1996.

The amount due as per Exts.P1 and P2 notices are

Rs.9,38,390/-.

3. Heard counsel appearing for the petitioner

and the learned Government Pleader.

4. When this writ petition came up for

consideration, the counsel appearing for the

petitioner submitted that, he is admitting the

amount due and he wants only an installment facility

to clear the amount. The petitioner submitted that,

he will clear the entire amount in 20 Equal Monthly

Installments. In the light of the above submission, I

think this writ petition can be disposed of allowing

the petitioner to clear the entire amount due in 20

Equal Monthly Installments.

Therefore, this writ petition is disposed of in the W.P.(C).No. 31860 of 2022

following manner:

i) The petitioner is free to clear the entire

amount due as per Exts.P1 and P2 notices in 20

Equal Monthly Installments starting from

01.11.2022.

ii) If there is any default in paying two

consecutive installments, the respondents are free to

proceed in accordance to law.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE W.P.(C).No. 31860 of 2022

APPENDIX OF WP(C) 31860/2022

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 17/02/2020 UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT.

EXHIBIT P2 A TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 17/02/2020 UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE