IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 7084 of 2005(R) ------------------------------------- PETITIONER: ------------------- P.GANDHIMOHAN, S/O.PERUMALSWAMY, NO.102 VKV FLATS, RAMANATHAPURAM, COIMBATORE 45. BY ADVS. SRI.T.M.SUNIL, SMT.S.CHITHRA. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, PALGHAT. 2. THE TAHSILDAR (RR), PALGHAT. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. 4. M/S.MADRAS SPINNERS LTD., REPRESENTED BY ITS MANAGING DIRECTOR, PAMPAMPALLAM P.O., PALGHAT. R1 & R2 BY SR. GOVT. PLEADER SRI. V.T.K. MOHANAN, R3 BY ADVS. SRI.C.K.KARUNAKARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7084/2005-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER OF BIFR DTD. 30/08/2000. EXT.P.2: COPY OF THE PROCEEDINGS & ATTACHMENT DTD. 22/03/2002. EXT.P.3: COPY OF THE SALE NOTICE DTD. 24/01/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No. 7084 of 2005 ------------------------------ Dated this the 18th day of August, 2010 J U D G M E N T ---------------------- The petitioner, an employee of the 4th respondent company, is challenging the proceedings initiated for sale of its assets under revenue recovery proceedings initiated for realisation of Electricity dues. According to the petitioner, contributions payable under the Employees Provident Fund Act has been mounted up and arrears in this regard need be treated as having first charge on the assets of the company, by virtue of provisions contained in the Employees Provident Funds and Miscellaneous Provisions Act, 1952. Hence he is seeking directions to restrain recovery steps initiated for sale of the assets of the company. 2. It is submitted by learned counsel appearing for the petitioner that BIFR has already ordered winding up of the 4th respondent company and the W.P.(C).7084/05 -2- matter is now pending before the company court. Hence any recovery steps against the company can be pursued only on filing claim for the respective amounts before the company court. As such the revenue recovery steps, which is under challenge, cannot be pursued, is the submission. It is further submitted that a connected writ petition pertaining to recovery steps against the very same company has already been disposed of by this court observing as above. 3. Under the above mentioned circumstances, revenue recovery steps impugned in this writ petition are hereby quashed. It is made clear that the respondents are at liberty to approach the company court for realisation of the amounts under demand. C.K.ABDUL REHIM, JUDGE. okb