Kerala High Court
Smt.L.Geethakumari vs The Assistant Provident Fund ... on 6 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Thursday, the 6th day of July 2023 / 15th Ashadha, 1945
WA NO. 412 OF 2023
AGAINST JUDGMENT DATED 12.12.2022 IN WP(C) 5757/2019 OF THIS COURT.
APPELLANT/WRIT PETITIONER:
SMT.L.GEETHAKUMARI, W/O LATE BALACHANDRAN PILLAI, AGED 58 YEARS,
MANAGING PARTNER OF M/S.BALAJI EXPORTS, CHAITHANYA, VETTILATHAZHAM,
THRIKOVILVATTOM, KOLLAM REPRESENTED BY POWER OF ATTORNEY HOLDER,
MOHAMMED NOUFAL @ NOUFAL SALAM, AGED 46 YEARS, PATTATHIL, AYATHIL
P.O., KOLLAM , PIN - 691021
BY ADVOCATES M/S.S.SREEKUMAR (SENIOR) ALONG WITH P.MARTIN JOSE,
P.PRIJITH, THOMAS P.KURUVILLA, R.GITHESH, AJAY BEN JOSE, MANJUNATH MENON,
SACHIN JACOB AMBAT, ANNA LINDA EDEN & HARIKRISHNAN S.,
RESPONDENTS/RESPONDENTS:
1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE, PONNAMMA
CHAMBER, PARAMESWAR NAGAR, KOLLAM, PIN - 691001
2. RECOVERY OFFICER, OFFICE OF THE RECOVERY OFFICER, EMPLOYEES
PROVIDENT FUND ORGANISATION, REGIONAL OFFICE PONNAMMA CHAMBERS,
PARAMESWAR NAGAR, KOLLAM, PIN - 691001
3. G.GOPALAKRISHNA PILLAI, (DIED) PROPRIETOR, M/S.DIVYA CASHEW,
SMITHALAYAM, DECENT JUNCTION P.O, MUKATHALA , KOLLAM , PIN - 691577
4. GIRIJA GOPALAKRISHNAN, W/O LATE B.GOPALAKRISHNA PILLAI, AGED 74
YEARS, SMITHALAYAM, DECENT JUNCTION P.O, MUKATHALA , KOLLAM , PIN -
691577
5. SMITHA .G, D/O LATE B.GOPALAKRISHNA PILLAI, AGED 42 YEARS,
SMITHALAYAM, DECENT JUNCTION P.O, MUKATHALA , KOLLAM , PIN - 691577
6. DIVYA .G, D/O LATE B.GOPALAKRISHNA PILLAI,AGED 42 YEARS ,
SMITHALAYAM, DECENT JUNCTION P.O, MUKATHALA , KOLLAM , PIN - 691577
7. SARUN GOPALAKRISHNA PILLAI, S/O LATE B.GOPALAKRISHNA PILLAI,AGED 40
YEARS , SMITHALAYAM, DECENT JUNCTION P.O, MUKATHALA , KOLLAM , PIN
- 691577.
BY ADVOCATE SRI. PIRAPPANCODE V.S.SUDHIR, FOR R1 & R2
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to it is prayed that this Court may be kind enough to pass an interim
order directing the respondents 1 and 2 not to proceed against the assets
of the appellants during the pendency of the above Writ Appeal.
This Writ Appeal coming on for orders on 06/07/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:
ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
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W.A.Nos.391, 393, 394, 412, 417, 435 and 449 of 2023
[arising out of the common judgment in W.P.(C).No.3479 of 2019, W.P.
(C).No.10518 of 2019, W.P.(C).No.3510 of 2019, W.P.(C).No.5757 of 2019, W.P.
(C).No.2851 of 2019, W.P.(C).No.3480 of 2019 & W.P.(C).No.23216 of 2011.]
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Dated this the 6th day of July, 2023
ORDER
The above Writ Appeals will stand admitted.
Sri.Pirappancode V.S.Sudhir, learned Standing Counsel for the
Employees Provident Fund Organization, has taken notice for the
respondent/EPFO authorities. Further it is ordered specifically in
W.A.Nos. 412 of 2023 and 417 of 2023 that notices shall be taken to
the contesting respondents 4 to 7 in these two Writ Appeals by speed
post returnable within two weeks.
2. Due to paucity of time, we are not in a position to take
up these matters for hearing and disposal immediately. On the
previous occasion, recording the undertaking of the respondents,
this Court had ordered that no coercive steps will be taken till the
next posting date.
3. Taking note of the paucity of time, it is ordered that no
coercive steps shall be taken against the appellants by the respondent/
EPFO authorities. For the time being, this order will be in force till
14.08.2023.
W.A.Nos.391, 393, 394, 412 and 417 of 2023
..2..
List the above Writ Appeals on 14.08.2023. The interim order
dated 27.6.2023 will stand extended till 14.08.2023.
Hand over.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
C.JAYACHANDRAN
JUDGE
Mrcs
