IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 34570 of 2010(U) --------------------------------------- PETITIONER(S): ---------------------- KORAH JOHN, AGED 51 YEARS, SON OF M.K. JOHN, MARIKUDY HOUSE, KIZHAKKAMBALAM.P.O, ERNAKULAM DISTRICT. BY ADV. SRI.H.B.SHENOY, SRI.B.ASHOK SHENOY, SMT.LAKSHMI B.SHENOY, SRI.ABU MATHEW, SRI.SOBHAN GEORGE, SRI.K.V.GEORGE. RESPONDENT(S): ------------------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, 36/685A, BHAVISHYANIDHI BHAVAN, P.B. NO. 1895, KALOOR, KOCHI - 682 017. 2. THE SUB INSPECTOR OF POLICE, THADIYITTAPARAMBU POLICE STATION, MALAYIDUMTHURUTHU, KIZHAKKAMBALAM.P.O, 683 562, ERNAKULAM DISTRICT. R1 BY DR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE, ADV. SRI.M.CHANDRA BOSE. R2 BY GOVT. PLEADER MR.K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.34570 OF 2010 -------------------------------------------- Dated this the 18th day of November, 2010 JUDGMENT The petitioner, who is the Managing Director of Milgram Milk Specialities Pvt.Ltd. filed this Writ Petition mainly seeking for issuance of a writ in the nature of prohibition prohibiting the respondents from arresting and detaining him for realisation of the contribution dues under Employees Provident Fund & Miscellaneous Provisions Act, 1952 (for short 'EPF & MP Act' only) payable by Milgram Milk Specialities Pvt.Ltd. As per Ext.P1, the petitioner was called for to show cause why he should not be committed to civil prison in execution of the certificates issued under the EPF & MP Act for the purpose of realisation of the amount payable by the company to the tune of Rs.3,15,909/-. Admittedly, there is no challenge against the quantification of the amount made in terms of Section 7A of the EPF& MP Act. The petitioner cannot dispute the liability to pay the amount mentioned in Ext.P1. Subsequently, on receipt of the same, the petitioner has submitted Ext.P3 representation dated 31.8.2010. In the said representation he has specifically stated that he would clear the entire pending arrears within a period of two months and requested the authorities to refrain from resorting to any coercive step for W.P.(C) NO.34570/2010 2 realisation of the aforesaid amount. In fact, it is apprehending the arrest and detention in civil proceedings that the above Writ Petition has been filed. 2. I have heard the learned counsel for the petitioner, the learned Standing Counsel for the first respondent and also the learned Government Pleader. Taking note of the circumstances and the readiness expressed by the petitioner to clear off the entire arrears towards the Employees Provident Fund, I am of the view that this Writ Petition can be disposed of as hereunder:- The respondents shall keep all proceedings contemplated as per Ext.P1 for a period of four months. In the meanwhile, the petitioner shall clear off the entire outstanding dues, as mentioned in Ext.P1, in three equal monthly instalments commencing from10.12.2010. Balance two instalments shall be paid on or before the 10th day of the succeeding months. It is made clear that in case the petitioner commits any default in payment of the instalments as directed above, it will be open to the respondents to pursue with the action already initiated. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.34570/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.34570/2010 4