IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 29672 of 2005(G) ------------------------------------- PETITIONER: ------------------ SAJEESH RAJ.V., AGED 34 YEARS, S/O.V.RAJAGOPALAN, MANAGING PARTNER, NEW CHAMUNDESWARI BHAVAN, PALAYAM ROAD, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS: ---------------------- 1. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, ERANHIPALAM, KOZHIKODE-67306. 2. ASSISTANT COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, ERANHIPALAM, KOZHIKODE-67306. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F. FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.29672 of 2005 ----------------------------------------- Dated this the 11th day of July, 2008 JUDGMENT Petitioner approached this court with certain grievances regarding the proceedings initiated against him. The main contention of the petitioner is that recovery proceedings can be initiated against the assets of the previous owner and not against the petitioner personally. It is submitted that the steps have been taken without notice to him. Therefore, it is only appropriate that the Commissioner considers the matter afresh with notice to the petitioner and takes a fresh decision adverting to the contentions taken by the petitioner. Accordingly the impugned orders against the petitioner are quashed without prejudice to the liberty to the Regional Provident Fund Commissioner to initiate fresh proceedings with notice to the petitioner, in which case a reasoned order will be passed adverting to the contentions taken by the petitioner. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.29672 of 2005 ----------------------------------- JUDGMENT 11th July, 2008