IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 26TH FEBRUARY 2007 / 7TH PHALGUNA 1928 WP(C).No. 6331 of 2007(D) ------------------------- PETITIONER: ------------ PARISONS ESTATES AND INDUSTRIES PVT.LTD. CHEROOTTY ROAD, CALICUT-673 032, REPRESENTED BY ITS MANAGING DIRECTOR N.K.MOHAMMED ALI. BY ADV. SRI.A.M.SHAFFIQUE SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.ANIL D. NAIR RESPONDENTS: ------------- 1. P.KUNHAYAMU @ KUNHIMOHAMMED, S/O.KUTTIALI, PANTHALANTH HOUSE, P.O.CHERUKKARA, THALAPUZHA, MANANTHAVADY, WAYANAD. 2. COMMISSIONER FOR WORKMEN'S COMPENSATION, (DEPUTY LABOUR COMMISSIONER), KANNUR. 3. DEPUTY TAHSILDAR (RR), TALUK OFFICE, MANANTHAVADY. 4. VILLAGE OFFICER, THAVINHAL, WAYANAD DISTRICT. 5. DISTRICT COLLECTOR, WAYANAD. R2 TO R4 BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J ------------------------------------------- W.P(C).No.6331 OF 2007 ------------------------------------------- Dated this the 26th day of February, 2007 JUDGMENT The petitioner is a successor-in-interest of an estate, which among other things, faces an order under the Workmen's Compensation Act. Contending that the said order is passed ex parte, the petitioner moved the Commissioner to set aside that order. That proceedings is still now pending before the Commissioner with notice to opposite side. As of now, distress action had followed on the basis of the compensation order. 2. Having regard to the totality of the facts and circumstances, this writ petition is disposed of directing that the Commissioner will expedite proceedings on the application of the petitioner to set aside the ex parte order. In the mean while, if the petitioner remits the entire outstandings due under the compensation order in three equal monthly instalments, distress WPC.6331/07 Page numbers action will be withheld. Such deposit will be subject to any right of the petitioner for restitution in case of success in the petition before the Commissioner. The writ petition is disposed of with the above directions. THOTTATHIL B.RADHAKRISHNAN Judge kkb.