Kerala High Court
P.A. Ajayakumar vs The Assistant Provident Fund ... on 12 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
WP(C) NO. 18919 OF 2023
PETITIONER:
P.A. AJAYAKUMAR, AGED 58 YEARS
S/O. AYYAPPAN RAMAN, RESIDING AT POOVATHUNGAL, PO. BAVELI,
MANANTHAVADY, WAYANADU, PIN - 670646
BY ADVS.V.V.SURENDRAN
P.A.HARISH
RESPONDENTS:
1 THE ASSISTANT PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL
OFFICE, BHAVISHYA NIDHI BHAVAN, P.B.NO. 1806, ERANHIPALAM,
KOZHIKODE, PIN - 673006
2 THE RECOVERY OFFICER
EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE,
ERANHIPALAM, KOZHIKODE, PIN - 673006
BY ADV SAJEEV KUMAR K.GOPAL
ADV.DR.ABRAHAM P MEACHINKARA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18919 OF 2023
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JUDGMENT
Dated this the 12th day of June 2023
The writ petition is filed to direct the respondents
to permit the petitioner to pay off the outstanding
liability pursuant to Exts.P4 to P6 in 24 equated
monthly instalments.
2. The petitioner's case is that he was running an
Ayurvedic resort. Due to the Covid 19 pandemic, his
business ran into loss. The first respondent has made
an assessment against the petitioner under Section 7A
of the Employees Provident Fund and Miscellaneous
Provisions Act. The second respondent has now issued
Exts.P4 to P6 demand notices dated 24.5.2023 for an
amount of Rs.17,03,158/-. The petitioner is prepared to
clear the liability in equated monthly instalments.
Hence, the writ petition.
WP(C) NO. 18919 OF 2023
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3. Heard; Sri.P.A.Harish, the learned counsel
appearing for the petitioner and Dr.Abraham P.
Meachinkara, the learned Standing Counsel appearing
for the respondents.
4. Dr.Abraham P. Meachinkara, on instructions,
submitted that, the respondents are willing to permit
the petitioner to pay the above stated liability in 18
equated monthly instalments. The said submission is
recorded.
5. Having considered the pleadings and materials
on record and taking note of the submission made by
the learned Standing Counsel appearing for the
respondents, I am inclined to exercise the powers of
this Court under Article 226 of the Constitution of India
and dispose of the writ petition.
Resultantly, I dispose of the writ petition in the
following manner:
WP(C) NO. 18919 OF 2023
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(i) The respondents are directed to defer further
coercive proceedings pursuant to Exts.P4 to
P6, to enable the petitioner to pay off the
liability in instalments.
(ii) The petitioner is permitted to pay the liability
as stated above in 18 equated monthly
instalments commencing from 12.7.2023.
(iii) Needless to mention, if the petitioner commits
default of the condition ordered above, he
would lose the benefit of this judgment and
the respondents would be at liberty to proceed
with recovery proceedings from the stage it
presently stands.
(iv)It is made clear that, no further application for
modification/extension of time shall be
entertained.
SD/-
C.S.DIAS
JUDGE
jes
WP(C) NO. 18919 OF 2023
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APPENDIX OF WP(C) 18919/2023
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE INSPECTION REPORT MADE BY THE
ENFORCEMENT OFFICER OF THE EMPLOYMENT PROVIDENT
FUND ORGANIZATION DATED 02.12.2021
ExhibitP2 A TRUE COPY OF THE ORDER DATED 29.12.2022 OF THE 1ST
RESPONDENT
ExhibitP3 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED
29.12.2022
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED 24.05.2023 ISSUED
BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED 24.05.2023 ISSUED
BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P6 TRUE COPY OF THE DEMAND NOTICE DATED 24.05.2023 ISSUED
BY THE 2ND RESPONDENT TO THE PETITIONER
// True copy //
P.S. to Judge
