IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 31919 of 2009(H) -------------------------- PETITIONER(S): --------------- K.ROY, PROPRIETOR, M/S.ROY CASHEW PRODUCTS, NALLILA P.O., KOLLAM. BY ADV. SMT.A.K.PREETHA SRI.ANIL NARAYANAN RESPONDENT(S): --------------- 1. THE EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDING, KOLLAM REPRESENTED BY THE REGIONAL PROVIDENT FUND COMMISSIONER. 2. ASSISTANT PROVIDENT FUND COMMISSIONER THE EMPLOYEES PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, OLD MUNICIPAL OFFDICE BUILDING, KOLLAM. 3. M.SIYAD, PROPRIETOR, M/S.EAK CASHEW COMPANY, MEEYANA P.O., OYOOR, KOTTARAKARA, KOLLAM. ADV. SRI.V.V.SURESH,SC,EPF.ORGANISATION FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ----------------------------------------- WP(C) NO. 31919 OF 2009 ---------------------------------- Dated this the 11th day of December, 2009. JUDGMENT The petitioner is the proprietor of an establishment engaged in the processing of cashew kernels. Petitioner also gets raw cashew kernels belonging to him processed by the 3rd respondent, who has a factory for the purpose. The 3rd respondent is a defaulter in payment of amounts due to the Provident Fund Organisation under the Employees Provident Funds and Miscellaneous Provisions Act. For recovery of amounts due, respondents 1 and 2 have attached the factory of the 3rd respondent. The cashew kernels entrusted by the petitioner to the 3rd respondent for processing are also inside the factory premises of the 3rd respondent, which also have been attached in the process. Petitioner submits that in so far as those cashew kernels belong absolutely to the petitioner, the same cannot be the subject matter of attachment for recovery of amounts due from the 3rd respondent. Petitioner therefore, seeks a direction to respondents 1 and 2 to release the cashew kernels WP(C) NO. 31919 OF 2009 2 belonging to the petitioner. According to the petitioner, the cashew kernels belonging to the petitioner consists of 600 bags. On 20.11.09 I directed the 2nd respondent to conduct an enquiry into the contention of the petitioner that the cashew kernels which were attached by the Provident Fund Organisation belong to the petitioner which has been entrusted to the 3rd respondent for processing. Today, the learned Standing Counsel for the Provident Fund Organisation submits that an enquiry has been conducted as directed by this court and the cashew kernels belonging to the petitioner have been ordered to be returned to the petitioner. This is recorded and the writ petition is disposed of. S.SIRI JAGAN, JUDGE mns