IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 31121 of 2010(M) -------------------------- PETITIONER(S): --------------- T.VIJAYAKUMAR, MANAGING DIRECTOR, HOUSE OF FOODS & CHEMICALS (P) LTD., NO.IV/907, INDUSTRIAL DEVELOPMENT AREA, KANJIKODE, PALAKKAD-678 623. BY ADV. SRI.M.B.PRAJITH SRI.K.K.PREMALAL RESPONDENT(S): --------------- THE ASSISTANT PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER, EMPLOYEES' PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN ERANHIPALAM P.O. KOZHIKODE, PIN 673 006. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 31121 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December, 2010 J U D G M E N T The petitioner is a Managing Director of an Establishment by name House of Foods and Chemicals (P) Limited. This writ petition has been filed challenging Ext.P5 and also with a direction to issue a writ of mandamus commanding the first respondent not to take any coercive steps against the petitioner without proceeding against the properties of the company and for such other reliefs. Ext.P5 is a show cause notice dated 29.9.2010 as to why a warrant of arrest should not be issued in case of failure of the petitioner to pay an amount of Rs.3 lakhs, in execution of certificate dated 8.10.2007 forwarded by the authorized officer under Section 7Q of the Employees Provident Fund and Miscellaneous Provisions Act. When this matter is taken up today, for consideration, the learned counsel appearing for the petitioner submitted that the petitioner is confining his prayer to one for a direction to the respondent to permit him to clear the entire liability under Ext.P5 in installments. WPC.No.31121/2010 : 2 : 2. I have heard the learned counsel for the petitioner as also the learned Standing counsel for the respondent. Ext.P5 would show that an amount of Rs.3 lakhs has been quantified as interest under Section 7Q of the Act and Ext.P5 is issued for execution of the certificate issued by the authorized Officer after such assessment. The learned Standing Counsel appearing for the respondent submitted that 3 lakhs is inclusive of the amount of interest under Section 7Q of the Act as also the damages under Section 14B of the Act. In view of the aforesaid submissions this writ petition is disposed of permitting the petitioner to pay the amount covered as per the certificate dated 8.10.2007 viz., 3 lakhs in ten equal monthly instalments commencing from 30th January, 2011 onwards. The balance instalments shall be paid on or before 30th day of every succeeding month till the entire arrears are wiped off. It is made clear that in case of failure on the part of the petitioner to comply with the directions, it will be open to the respondents to proceed against him in accordance with law. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge