IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 24426 of 2005(G) -------------------------- PETITIONER(S): --------------- T.SATHEESHKUMAR,MANAGER & SECRETARY, SREE CHITHIRA THIRUNAL RESIDENTIAL CENTRAL SCHOOL,KUNNATHUKAL,KARAKONAM P.O., THIRUVANANTHAPURAM DIST. BY ADV. SRI.K.RAMAKUMAR (SR.) RESPONDENT(S): --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA BHAVAN,THIRUVANANTHAPURAM. 2. SRI.G.RAVINDRAN,ASST.COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, (RECOVERY),BHAVISHYA NIDHI BHAVAN, THIRUVANANTHAPURAM. 3. SRI.VARGHESE K.DANIEL, ENFORCEMENT OFFICER,EMPLOYEES PROVIDENT FUND ORGANISATION,BHAVISHYA NIDHI BHAVAN, THIRUVANANTHAPURAM. 4. SRI.MUHAMMED KUNJU,ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN,THIRUVANANTHAPURAM. 5. SRI.ANANTHA RAMAN M.S.,ENFORCEMENT OFFICER,EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN,THIRUVANANTHAPURAM. 6. SMT.B.PANKAJAKSHI AMMA,ENFORCEMENT OFFICER,EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN,THIRUVANANTHAPURAM. WPC NO.24426/2005 7. SRI.M.JOHN SAMUEL,ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN,THIRUVANANTHAPURAM. 8. THE CIRCLE INSPECTOR OF POLICE, VELLARADA,THIRUVANANTHAPURAM. ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R1 TO R7 SMT.T.N.GIRIJA, SC, P.F. FOR R1 SMT.SMITHA, GOVERNMENT PLEADER FOR R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24426/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE WARRANT OF ATTACHMENT DATED 22/07/2005 ISSUED BY THE P.F.COMMISSIONER'S OFFICE. P2 : COPY OF THE DEMAND DRAFT DATED 11/08/2005 FOR RS.54,455/-. P3 : COPY OF THE F.I.R. REGISTERED BY THE VELLARADA POLICE STATION (FIR NO.505/2005 DATED 11/08/2005). P4 : COPY OF THE NOTICE (ORDER) DATED 13/07/2005 ISSUED BY R2. P5 : COPY OF THE REPRESENTATION DATED 03/08/2005 SUBMITTED BY THE PETITIONER BEFORE R1. P6 : COPY OF THE ORDER DATED 05/11/2002 ISSUED BY THE RECOVERY OFFICER, REGIONAL P.F.OFFICE, THIRUVANANTHAPURAM. P7 : COPY OF THE STATEMENT SHOWING THE DETAILS OF PROVIDENT FUND REMITTANCE BY THE PETITIONER UPTO 16/08/2005. RESPONDENT'S EXHIBITS R1(a) : COPY OF THE DEMAND NOTICE DATED 24/05/2004 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. R1(b) : COPY OF the DEMAND NOTICE DATED 24/05/2005 ISSUED by the 2ND RESPONDENT TO THE PETITIONER. R1(c) : COPY OF RECOVERY CERTIFICATE DATED 05/04/2004 UNDER SECTION 8B OF EPF & MP ACT, 1952 ISSUED BY THE 1ST RESPONDENT. R1(d) : COPY OF THE RECOVERY CERTIFICATE DATED 01/04/2005 ISSUED UNDER SEC.8B OF EPF & MP ACT, 1952 BY THE 1ST RESPONDENT. R1(e) : COPY OF MAHAZAR PREPARED BY THE 5TH RESPONDENT IN CONNECTION WITH HIS VISIT AT THE SPOT. R1(f) :COPY OF THE WARRANT ACKNOWLEDGED by the WIFE OF THE PETITIONER. R1(g) : COPY OF THE REQUEST NO.KR/12866/RECOVERY CELL/05 DATED 11/08/2005 MADE UNDER SEC.19 OF THE IT ACT FOR POLICE ASSISTANCE AND SIGNED BY THE 2ND RESPONDENT. R1(h) : COPY OF THE COMPLAINT MADE by the 2ND RESPONDENT AGAINST THE PETITIOENR AT VELLARADA POLICE STATION DATED 11/08/2005. R1(i) : COPY OF THE COMPLAINT MADE BY THE RESPONDENTS 3 TO 7 AGAINST THE PETITIONER AT VELLARADA POLICE STATION DATED 11/08/2005. WPC NO.24426/2005 R1(j) :COPY OF THE COMPLAINT MADE AGAINST THE PETITIONER BY THE EMPLOYEE OF THE SCHOOL BEFORE THE 1ST RESPONDENT DATED 13/05/2005. R1(k) : COPY OF THE COMPLAINT MADE AGAINST THE PETITIONER BY THE EMPLOYEE OF THE SCHOOL DATED 02/02/2005 BEFORE THE 2ND RESPONDENT. R1(l) : COPY OF the NOTICE RECEIVED FROM THE KERALA HUMAN RIGHTS COMMISSION AS COMPLAINT NO.1153/2005. R1(m) : COPY OF THE PROCEEDINGS INITIATED BY THE 1ST RESPONDENT AGAINST THE PETITIONER FOR THE PERIOD 4/2000 DATED 04/04/2001. R1(n) : COPY OF THE PROCEEDINGS INITIATED BY THE 1ST RESPONDENT AGAINST THE PETITIONER FOR THE PERIOD 7/2000 DATED 06/08/2001. R1(o) : COPY OF THE PROCEEDINGS INITIATED BY THE 1ST RESPONDENT AGAINST THE PETITIONER FOR THE PERIOD 10/2000 DATED 26/11/2001. R1(p) : COPY OF THE PROCEEDINGS INITIATED BY THE 1ST RESPONDENT AGAINST THE PETITIONER FOR THE PERIOD 3/02 DATED 21/06/2002. R1(q) : COPY OF THE PROCEEDINGS INITIATED BY THE 1ST RESPONDENT AGAINST THE PETITIONER FOR THE PERIOD 3/2001 DATED 03/01/2003. R1(r) :COPY OF THE PROCEEDINGS INITIATED BY THE 1ST RESPONDENT AGAINST THE PETITIONER FOR THE PERIOD 10/2002 TO 01/2003 DATED 11/07/2003. R1(s) : COPY OF THE PROCEEDINGS INITIATED BY THE 1ST RESPONDENT AGAINST THE PETITIONER FOR THE PERIOD 2/03 TO 9/03 DATED 05/07/2004. R1(t) :COPY OF THE PROCEEDINGS INITIATED BY THE 1ST RESPONDENT AGAINST THE PETITIONER FOR THE PERIOD 10/03 TO 01/05 DATED 16/05/2005. ANNEXURE A : REPORT FILED BY THE SUPERINTENDENT OF POLICE, TRIVANDRUM(RURAL) //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 24426 of 2005 --------------------------------- Dated, this the 21st day of July, 2008 J U D G M E N T The writ petition is filed in 2005 challenging coercive steps taken for recovery of provident fund arrears due from petitioner. Recovery proceedings taken in the form of attachment of vehicle and other properties of the school led to certain untoward incidents in the school. This Court directed the Director General of Police to conduct enquiry and file a report in this Court. Pursuant to the said direction the Superintendent of Police has filed a report stating that several crime cases were filed pursuant to complaints from the school authorities. Much of the grievances of the petitioner are redressed because of registration of crime against some of the respondents. The balance prayer is only for installment facility for clearing the arrears. I do not think there is any scope for this court to consider installment facility for clearing the arrears of provident fund, which was due in 2005. If petitioner does not make payment, recovery can be made by following the procedure prescribed under the Act and Rules. The writ petition is accordingly closed. (C.N.RAMACHANDRAN NAIR, JUDGE) jg