IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 33968 of 2009(M) -------------------------- PETITIONER(S): --------------- P.VANAJA SOMAN, PROPRIETRIX,M/S.MIDLAND CASHEW CO., PININMOODU,2ND MILE STONE,KILIKOLLOOR,KOLLAM. BY ADV. MR.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER II,EMPLOYEES PROVIDENT FUND ORGANIZATION,SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDINGS, KOLLAM 691 001,KERALA. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER,EMPLOYEES PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE,MANNANIA COMPLEX, AANDAMUKKAM,CHINNAKKADA,KOLLAM. 3. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE,MANNANIA COMPLEX, AANDAMUKKAM,CHINNAKKADA,KOLLAM. BY ADV. MR. PIRAPPANCODE V.S.SUDHEER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 33968 of 2009 ................................................. Dated this the 25th day of November, 2009 J U D G M E N T The petitioner has been assessed to contributions under the Employees Provident Funds and Miscellaneous Provisions Act, by Ext.P1 order. The petitioner has paid part of the amounts. For paying balance, the petitioner seeks a direction to the respondents to grant the petitioner installment facility. This is opposed by the Standing Counsel for the Provident Fund Organisation. However, taking into account, the facts stated in the writ petition, I am inclined to direct the respondents to permit the petitioner to the pay the balance amount due in installments. Accordingly, this writ petition is disposed of with a direction to the respondents to permit the petitioner to pay the balance amounts covered by Ext.P1 in five equal monthly installments starting from 1.12.2009. Every subsequent installment shall be paid on the first working day of every succeeding month. If the petitioner pays the installments on the W.P(C) No. 33968 of 2009 -2- due dates without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any one installment, it would be open to the respondents to take appropriate steps to recover the entire amount in lumpsum as permitted by law. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge