IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 OP.No. 12697 of 2002(J) ----------------------- PETITIONER: ------------ K.A.VIDYANANDAN S/O.AYYAPPAN,AGED 43 YEARS,KUNNAPPILLY,NORTH PARAVOOR (CHIEF PROMOTER,PARAVOOR RANGE KALLU CHETH VYAVASAYA THOZHILALI SAHAKARANA SANGHOM LTD. NO.1051,KUNNAPPILLY,NORTH PARAVOOR) BY ADV. SRI.MATHEW ZACHARIAH SRI.KOSHY GEORGE RESPONDENTS: ------------- 1. THE DEPUTY TAHSILDAR (HEADQUARTERS) TALUK OFFICE,PARAVUR. 2. THE WELFARE FUND INSPECTOR,FORT KOCHI. BY ADV. SRI.K.K.BABU SRI.K.HARILAL, SC, KTWWF BOARD GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 12697/2002 ORDER ON CMP NO.21578/2002 IN O.P.NO. 12697/2002 DISMISSED. 02/01/2008 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF DEMAND NOTICE DATED 30/04/2002 ISSUED TO PETITIONER. P2 : COPY OF NOTICE DATED 30/04/2002 ADDRESSED TO PETITIONER FOR ATTACHEMNT OF LANDED PROPERTIES. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- O.P. No. 12697 of 2002 --------------------------------- Dated, this the 2nd day of January, 2008 J U D G M E N T Petitioner is challenging recovery proceedings for recovery of toddy workers welfare fund contribution due and payable by a co- operative society, of which petitioner was the Secretary. Since this Court has held in the decision in Suseelan Vs. State of Kerala, reported in 2002(1) KLJ 16 that recovery cannot be made personally from the office bearers of the society, petitioner will escape from liability. This writ petition is, therefore, allowed directing respondents not to proceed against petitioner personally for recovery. However, it will be open to the statutory authorities to take appropriate action including launching of prosecution against those responsible for failing to deduct the contribution from the wages of the employees and remit the same. (C.N.RAMACHANDRAN NAIR, JUDGE) jg