IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 6784 of 2009(P) ------------------------- PETITIONER(S): --------------- SUDESHAN, S/O.GOPINATHAN, PROPRIETOR, M/S.MANGALATH EXPORTS, PAKALKURI, PALLICKAL, TRIVANDRUM. BY ADV. SRI.K.SANIL KUMAR RESPONDENT(S): --------------- THE ASST. PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. MS.T.N.GIRIJA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.6784 of 2009 --------------------------------- Dated, this the 3rd day of March, 2009 J U D G M E N T In respect of the establishment owned by the petitioner, to which the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, is applicable, Ext.P1 order was passed by the respondent exercising his powers under Section 7A of the Act. The petitioner submits that for the reasons, which were beyond his control, including various ailments suffered by him, order was not challenged, and that at this stage, what the petitioner seeks is instalment facility to discharge the liability. 2. In view of the fact that Ext.P1 order has become final, the learned standing counsel for the respondent objected to the prayer. 3. Having regard to the facts highlighted by the petitioner including his ailments, I am inclined to direct that the petitioner be permitted to discharge the dues in instalments. Accordingly, I direct that the amount due from the petitioner in pursuance to Ext.P1 order, referred to above, shall be paid by the petitioner in eight WP(C) No.6784/2009 -2- equal monthly instalments, first of which shall be paid on or before 20/03/2009 and the subsequent instalments on or before the 20th day of every succeeding months. 4. Subject to payment as above, coercive action shall not be initiated, and if any default is committed, the respondent will be free to initiate any action for recovery of the amount. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg