IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 WP(C).No. 10984 of 2010(W) -------------------------- PETITIONER(S): ----------------------- K.N.BHASKARANUNNI, AGED 65, S/O.NARAYANAN NAMBOODIRI, RESIDING AT "HARISREE", VENKITANGU DESOM, GURUVAYOOR, CHAIRMAN AND MANAGING DIRECTOR, M/S.ALLIED HOSPITALS LTD., GURUVAYOOR ROAD, ARTHAT, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------------- 1. THE RECOVERY OFFICER, OFFICE OF THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, KALOOR, KOCHI-682 017. 2. THE EMPLOYEES PROVIDENT FUND ORGANIZATION, REP. BY ITS COMMISSIONER, BHAVISHYANIDHI BHAVAN, KALOOR, COCHIN. ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE FOR R1 & R2 SRI.M.CHANDRA BOSE FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO. 10984 OF 2010 () -------------------------------------------------- Dated this the 6th day of May, 2010 J U D G M E N T Heard both sides. 2. Petitioner is facing threat of arrest and detention on account of the default committed by him in remitting the amounts due towards the Employees Provident Fund. The total liability was about 3 lakhs, out of which, subsequent to the filing of the writ petition, the petitioner has remitted Rs.1 lakh and according to the Standing Counsel the balance liability is Rs.1,76,259/-. 3. Having regard to the fact that the petitioner has already remitted Rs.1 lakh, I feel that it is only appropriate that the petitioner be given an opportunity to remit balance amount to avoid coercive action. 4. Accordingly the writ petition is disposed of with the following directions. Petitioner shall remit the balance amount of Rs.1,76,259/- in three equal monthly instalments, first of which shall be paid on or before 25.5.2010 and the subsequent two instalments shall be paid on or before the 25th of the succeeding months. If payment WPC.No.10984 /2010 :2 : is made as above, coercive action against the petitioner will not be initiated and in case default is committed the respondents will be free to take appropriate action against the petitioner, in accordance with law. (ANTONY DOMINIC) JUDGE vi/