Sr Educational And Charitable Trust vs The Assistant Provident Fund ...
2024 Latest Caselaw 5216 Ker

Kerala High Court

Sr Educational And Charitable Trust vs The Assistant Provident Fund ... on 15 February, 2024

Author: P. V. Kunhikrishnan

Bench: P.V.Kunhikrishnan

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA,
                            1945
                    RP NO. 31 OF 2024
AGAINST THE JUDGMENT WP(C) 30836/2022 OF HIGH COURT OF
                           KERALA
REVIEW PETITIONER/PETITIONER IN THE WRIT PETITION:

          SR EDUCATIONAL AND CHARITABLE TRUST
          VENNIKODE (P.O), AKATHUMURI, VARKALA,
          THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY
          ITS CHAIRMAN, R. SHAJI, AGED 69 YEARS, S/O.
          S. RAGHAVAN, RESIDING AT DIVYA PRABHA,
          MARAPPALAM, PATTOM, THIRUVANANTHAPURAM, PIN-
          695004, PIN - 695318
          BY ADVS.
          GOPAKUMAR R.THALIYAL
          M.S.VIJAYACHANDRA ABABU


RESPONDENTS/RESPONDENTS:

   1      THE ASSISTANT PROVIDENT FUND COMMISSIONER
          EMPLOYEES PROVIDENT FUND ORGANISATION,
          REGIONAL OFFICE,
          BHAVISHYANIDHI BHAVAN, PATTOM,
          THIRUVANANTHAPURAM., PIN - 695004
   2      THE RECOVERY OFFICER
          EMPLOYEES PROVIDENT FUND ORGANISATION,
          REGIONAL OFFICE,
          BHAVISHYANIDHI BHAVAN, PATTOM,
          THIRUVANANTHAPURAM., PIN - 695004
   3      THE DISTRICT COLLECTOR & CHAIRPERSON
          THE DISTRICT DISASTER MANAGEMENT AUTHORITY
          COLLECTORATE, KUDAPPANAKUNU (P.O),
          THIRUVANANTHAPURAM., PIN - 695043
 R.P.No.31/2024
                                          2

      4       THE DISTRICT DISASTER MANAGEMENT AUTHORITY
              COLLECTORATE, KUDAPPANAKUNU (P.O),
              THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF
              EXECUTIVE OFFICER., PIN - 695043
              SRI. B S SYAMANTAK, GP
              SRI.A.RAJASIMHAN, SC
          THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
15.02.2024,      THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 R.P.No.31/2024
                                            3



                   P. V. KUNHIKRISHNAN, J.
                -------------------------------------------
                         R.P.No.31 of 2024
                -------------------------------------------
            Dated this the 15th day of February, 2024

                                JUDGMENT

This Review Petition is filed to review the judgment dated

30.09.2022 in W.P(C).No.30836/2022. This Court disposed the

Writ Petition allowing the review petitioner to pay the amount due

as per Exts.P9 and P10 in 15 equal monthly installments

commencing from 01.11.2022. It is submitted by the review

petitioner that, because of financial difficulties, only four

installments were paid and for paying the balance 11 installments,

some time may be given.

2. Heard the counsel appearing for the review petitioner

and the counsel appearing for the respondents.

3. It is true that the counsel appearing for the respondents

filed a statement and opposed the prayer. But, considering the facts

and circumstances of the case and also considering the fact that,

four installments are already paid by the petitioner, I think the

balance payment can be restructured.

Therefore, this Review Petition is disposed of with the

following directions:

a) The balance amount payable as per the judgment dated 30.09.2022 in W.P(C).No.30886/2022 shall be paid by the petitioner in 11 equal installments starting from 01.03.2024.

b) If there is any default in paying the installments, the respondents are free to proceed in accordance with law. No further installment facility will be given to the petitioner.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE LETTER DATED 01.11.2022 SEND BY THE ADMINISTRATIVE OFFICER, SR SUPER SPECIALITY HOSPITAL TO THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, THIRUVANANTHAPURAM Annexure 2 TRUE COPY OF THE PAYMENT CONFIRMATION RECEIPT DATED 01.11.2022 ISSUED BY THE EMPLOYEES PROVIDENT FUND ORGANISATION. Annexure 3 TRUE COPY OF THE LETTER DATED 01.12.2022 SEND BY THE ADMINISTRATIVE OFFICER, SR SUPER SPECIALITY HOSPITAL TO THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, THIRUVANANTHAPURAM Annexure 4 TRUE COPY OF THE PAYMENT CONFIRMATION RECEIPT DATED 01.12.2022 ISSUED BY THE EMPLOYEES PROVIDENT FUND ORGANIZATION. Annexure 5 TRUE COPY OF THE LETTER DATED 07.02.2023 SEND BY THE ADMINISTRATIVE OFFICER, SR SUPER SPECIALITY HOSPITAL TO THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, THIRUVANANTHAPURAM Annexure 6 TRUE COPY OF THE PAYMENT CONFIRMATION RECEIPT DATED 07.02.2023 ISSUED BY THE EMPLOYEES PROVIDENT FUND ORGANIZATION. Annexure 7 TRUE COPY OF THE LETTER DATED 25.04.2023 SEND BY THE ADMINISTRATIVE OFFICER, SR SUPER SPECIALITY HOSPITAL TO THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, THIRUVANANTHAPURAM.

Annexure 8 TRUE COPY OF THE DEMAND DRAFT DATED 30.03.2023 OF SOUTH INDIAN BANK, THIRUVANANTHAPURAM Annexure 9 TRUE COPY OF THE NOTICE DATED 25.09.2023 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

Annexure 10 TRUE COPY OF THE NOTICE DATED 20.10.2023 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.