IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 31016 of 2010(B) --------------------------------------- PETITIONER: ------------------- ELSTONE TEA ESTATES LIMITED, P.B.NO.21, KALPETTA-673 121, WAYANAD DISTRICT, REPRESENTED BY ITS MANAGER JAGADDEESH. BY ADVS. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH MENON. RESPONDENT: ---------------------- THE ASSISTANT PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, P.B.NO.1806, KOZHIKODE-673 006. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.31016 of 2010 ---------------------------------------- Dated 7th December, 2010 JUDGMENT The petitioner is a Private Limited Company registered under the Companies Act. This writ petition has been filed mainly challenging Ext.P3 notice and with a further prayer for issuance of a writ of mandamus commanding the respondent to permit the petitioner to pay the amount due under Ext.P1 (sic. Ext.P2) in instalments. Ext.P2 is an order passed under section 7Q of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. Subsequently, Ext.P3 show cause notice was served on the petitioner. On account of the failure on the part of the petitioner to pay an amount of Rs.5,42,138/- Ext.P3 has been issued requiring him to show cause why a warrant of arrest should not be issued. It is in the said circumstances that this writ petition has been filed. When this matter is taken up for consideration the learned counsel appearing for the petitioner submitted that the petitioner is prepared to confine his reliefs to one for a direction to the respondent to grant instalment facility to pay off the amount demanded as per Ext.P3 viz., Rs.5,42,138/-. WP(C).No.31016/2010 2 2. I have heard the learned counsel appearing for the petitioner as also the learned standing counsel appearing for the respondent. This writ petition is accordingly disposed of permitting the petitioner to pay off the amount demanded as per Ext.P3 viz., Rs.5,42,138/- in five equal monthly instalments commencing from 5.1.2011. The balance instalments shall be paid on or before 5th day of every succeeding months till the entire arrear is wiped off. It is made clear that in case of failure on the part of the petitioner to remit the instalments as directed above, it will be open to the respondent to pursue with the proceedings already initiated against the petitioner. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S to Judge