IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 6429 of 2009(W) ------------------------- PETITIONER(S): ------------------ S.SATHEESH S/O.K.N.SADANANDAN ARRESSERIL HOUSE NADAKKAVU P.O MANANKUNNAM VILLAGE, ERNAKULAM. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): -------------------- WELFARE FUND INSPECTOR, TODDY WORKERS WELFARE FUND BOARD, OFFICE OF THE TODDY WORKERS WELFARE FUND INSPECTOR, ERNAKULAM. SRI.KOZHY GEORGE, SC FOR RESPONDENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, ALONG WITH WPC NOS. 6454, 6475 & 6504/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NOs. 6429, 6454, 6475 & 6504 OF 2009 ============================== Dated this the 27th day of February, 2009 J U D G M E N T In these writ petitions, the petitioners are defaulters in the matter of payment of contribution due under the Toddy Workers Welfare Fund Scheme. On the basis of the statements filed by the petitioners, their liability has been quantified and that amount is remaining unpaid. In view of this, the respondent justifiably is entitled to invoke recovery proceedings, and at that stage, petitioners applied for instalment facility for settling the liability. Orders have not been passed and that led to the filing of these writ petitions. 2. I heard the counsel appearing for the petitioners and also the standing counsel appearing for the respondent. 3. Before me also, liability is not disputed and all that the petitioners seek is a reasonable instalment facility to discharge the liability. 4. Though the standing counsel for the respondent objects to the prayer mainly contending that the liability is an admitted one, still having regard to the fact that the petitioners are seeking only an instalment facility for discharging the dues, I am inclined to give them an opportunity to pay the amount and thus avoid coercive action. WPC 6429, 6454, 6475 & 6504 OF 2009 :2 : 5. Therefore, the writ petitions are disposed of directing that the amount due from the petitioners shall be paid by them in five equal monthly instalments. The first instalment shall be paid on or before 10th of March, 2009 and the subsequent instalments will be paid before 10th of every succeeding month. On such condition, no coercive action shall be initiated. Needless to say that in case default is committed, respondent will be free to initiate recovery proceedings, as is permissible in law. ANTONY DOMINIC, JUDGE Rp