Kerala High Court
Kerala State Handloom Weavers ... vs The Employees Provident Fund ... on 7 October, 2022
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. 31696 OF 2022
PETITIONER/S:
KERALA STATE HANDLOOM WEAVERS CO-OP SOCIETY LTD
P.B.NO.64, OTTUKUZHY,
THIRUVANANTHAPURAM-695001,
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADV N.RAGHURAJ
RESPONDENT/S:
1 THE EMPLOYEES PROVIDENT FUND ORGANIZATION
"BHAVISHYANIDHI BHAVAN", 14, BHIKAIJI CAMA
PLACE,
NEW DELHI-110066,
REPRESENTED BY CENTRAL P.F.COMMISSIONER.
2 THE REGIONAL PROVIDENT FUND COMMISSIONER-I,
EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL
OFFICE, "BHAVISHYANIDHI BHAVAN", PATTOM,
THIRUVANANTHAPURAM-695004.
OTHER PRESENT:
0
SC JOHN MANI V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 31696 of 2022
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) No. 31696 of 2022
=============================================================
Dated this the 7th day of October, 2022
JUDGMENT
The above writ petition is filed with following prayers:
"(i) to issue a writ in the nature of Mandamus or such
other writ, direction or order commanding the
respondents to provide easy instalments to the petitioner
to discharge the liability covered by Ext.P4 order;
(ii) to issue a writ in the nature of Certiorari or such
other writ, direction or order calling for records leading
to Ext.P4 order and to quash the same;
(iii) to issue a writ in the nature of Mandamus or such
other writ, direction or order commanding the 2nd & 3rd
respondents not to initiate any coercive steps against the
petitioner to realise the amounts mentioned in Ext.P4
order;
(iv) award to the petitioner the costs of these
proceedings and;
(v) to grant such other and further reliefs as are just,
proper and necessary or may be prayed for." (sic)
2. When this writ petition came up for consideration,
the counsel for the petitioner submitted that he is not
W.P.(C). No. 31696 of 2022
challenging the impugned order on merit and the petitioner will
pay the amount due in twelve equal monthly installments.
3. Heard the Standing Counsel for the respondent.
4. After hearing both sides, I think the prayer can be
allowed because the petitioner admits the due amount.
Therefore, this writ petition is disposed of in the following
manner:
1. The petitioner is free to clear off the entire amount
due as per Ext.P4 in twelve equal monthly
installments commencing from 01.11.2022.
2. If any of the installments is defaulted, the
respondent is free to proceed with in accordance to
law.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 31696 of 2022
APPENDIX OF WP(C) 31696/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE PROFIT & LOSS
ACCOUNTS OF THE PETITIONER COMPANY IN
RESPECT OF 2017-18.
Exhibit P1(A) TRUE PHOTOCOPY OF THE PROFIT & LOSS
ACCOUNTS OF THE PETITIONER COMPANY IN
RESPECT OF 2018-19.
Exhibit P1(B) TRUE PHOTOCOPY OF THE PROFIT & LOSS
ACCOUNTS OF THE PETITIONER COMPANY IN
RESPECT OF 2019-20.
Exhibit P1(C) TRUE PHOTOCOPY OF THE PROFIT & LOSS
ACCOUNTS OF THE PETITIONER COMPANY IN
RESPECT OF 2020-21.
Exhibit P1(D) TRUE PHOTOCOPY OF THE PROFIT & LOSS
ACCOUNTS OF THE PETITIONER COMPANY IN
RESPECT OF 2021-22.
Exhibit P2 A TRUE PHOTOCOPY OF THE SUMMONS
BEARING
NO.KR/TVM/1773/ENF.501/DAMAGES/945
DATED 01.06.2022
Exhibit P3 A TRUE PHOTOCOPY OF THE REPLY LETTER
DATED 17.06.2022.
Exhibit P4 A TRUE PHOTOCOPY OF THE ORDER BEARING
NO.KR/TVM/1773 DAMAGES CELL/7Q/2022-
23/4509 DATED 09.09.2022.
