IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 22234 of 2010(D) -------------------------- PETITIONER: --------------- DISTRICT NIRMITHI KENDRA,CIVIL STATION, KUDAPPANAKUNNU,THIRUVANANTHAPURAM,REPRESENTED BY ITS MEMBER SECRETARY,JOHN.V.SAMUEL. BY ADV. MR. G.P.SHINOD MR. RAM MOHAN.G. RESPONDENT: --------------- ASSISTANT PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE,E.P.F.ORGANISATION, THIRUVANANTHAPURAM. BY ADV. MRS. T. N. GIRIJA, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 22234 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th day of July, 2010 JUDGMENT The petitioner is stated as aggrieved of the recovery proceedings being pursued, in furtherance of Ext. P1 order passed under Section 7 A, whereby the Bank account of the petitioner has been frozen, as borne by Ext. P2, even before the expiry of the statutory period for filing the appeal before the Tribunal, which hence is under challenge. 2. Heard the learned Government Pleader as well. 3. Considering the pleadings in the Writ Petition and going by the materials on record, this Court finds that there is an alternate remedy by way of appeal to the petitioner, by approaching the Tribunal in New Delhi, challenging Ext. P1 order. Obviously, the impugned order is dated 7.6.2010 and as such, the prescribed time for filing appeal is not over. This being the position, initiation of the coercive proceedings, causing the Bank account of the petitioner to be frozen by issuing Ext. P2 is not correct or sustainable. 4. In the above circumstances, the Writ Petition is disposed of relegating the petitioner to avail the statutory remedy. It is also made clear that, till such time, the coercive proceedings pursued against the W.P. (C) No. 22234 of 2010 : 2 : petitioner pursuant to Exts. P1 and P2 shall be kept in abeyance and shall not be given effect under any circumstances. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd