IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 9429 of 2010(C) -------------------------------------- PETITIONER(S): ---------------------- RAJAN, SON OF KRISHNAGUPTAN, AGED 43 YEARS, THEKKENAMGADU HOUSE, KONGAD, PALAKKAD DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENT(S): -------------------------- 1. THE VILLAGE OFFICER, KONGAD, PALAKKAD DISTRICT. 2. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUNDS, SUB REGIONAL OFFICE, P.B.NO.1806, IRANHIPALAM, KOZHIKODE. R1 BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH R2 BY ADV. SRI.THOMAS MATHEW NELLIMMOTTIL,SC, P.F. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 9429 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of November, 2010 J U D G M E N T The petitioner is aggrieved by Ext.P1 notice issued by the second respondent viz., proclamation of sale in respect of 1.5 cents of land belonging to the petitioner. The petitioner's father was running a cinema theatre. The said establishment was assessed alleging arrears of EPF dues by the Employees Provident Fund Organization for various periods commencing from 1984 onwards. In troth, the petitioner's late father was a defaulter. The amount sought to be recovered as per Ext.P3 is ` 1,80,362. There cannot be any doubt that a defaulter is also liable to pay the interest arising out of such default in accordance with the terms of agreement. As noticed earlier, the father of the petitioner was the defaulter and he had expired on 29.3.2008. When this matter was taken up for consideration, the learned counsel appearing for the petitioner submitted that the petitioner is confining his prayers to one for a direction to the respondents to permit the petitioner to clear off the arrears in instalments. WPC.No.9429/2010 : 2 : 2. I have heard the learned counsel for the petitioner and also the learned Standing Counsel. 3. After hearing the learned counsel on both sides, I am of the view that the writ petition can be disposed of as hereunder: The petitioner shall clear off the outstanding debt viz., `1,80362/- together with the interest thereon in six equal monthly instalments commencing from 1.12.2010. The petitioner shall remit the monthly instalments with the respondents on or before 5th day of every succeeding month till the entire duues is cleared off. The learned counsel for the respondents submitted that the petitioner may also be directed to continue to pay the contribution payable under the Employees Provident and Miscellaneous Provisions Act and also the dues towards the Employees Provident Fund subsequent to 2006. The learned counsel for the petitioner submits that so far, no such demand has been made by the respondent. It is further made clear that as and when such demands are made, the petitioner will honour the same. In case, the petitioner commits any default in payment on Ext.P3 WPC.No.9429/2010 : 3 : and the interest thereon in terms of the directions as above it will be open to the respondent to continue with the proceedings already initiated. Disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge