IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 15564 of 2007(C) ----------------------------------------- PETITIONER(S): ---------------------------- M/S.PERFECT ENGLISH SCHOOL, REPRESENTED BY ITS CHAIRMAN OF MANAGING COMMITTEE, MR.P.HAMEED, S/O.MOIDEENKUTTY, AGED 58 YEARS, NEAR AYYARALATH BRIDGE, EDAKKAD, KANNUR. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): --------------------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, KANNUR. 2. THE ASST.PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE, V.K.COMPLEX, KANNUR. 3. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, V.K.COMPLEX, KANNUR- 670 001. ADV. SRI.R.SUDHIR, SC, P.F. FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15564/2007 C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EXPARTE ORDER DTD. 18/07/06 PASSED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE ORDER OF THE 2ND RESPONDENT DTD.22/02/2006. EXT.P3: COPY OF THE AFFIDAVIT AND PETITION FILED BY THE PETITIONER. EXT.P4: COPY OF THE EXPARTE ORDER DTD. 17/08/2006. EXT.P5: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) 25590/2006 DTD. 17/10/2006. EXT.P6: COPY OF THE DEMAND DRAFT FOR RUPEES 1 LAKH DTD.8/11/2006. EXT.P6(A): COPY OF THE COVERING LETTER OF THE PETITIONER DTD. 08/11/2006. EXT.P7: COPY OF THE WRITTEN SUBMISSION DTD. 13/11/2006 BEFORE THE 2ND RESPONDENT. EXT.P8: COPY OF THE COMMUNICATION DTD. 14/11/2006 ISSUED BY THE 2ND RESPONDENT. EXT.P9: COPY OF THE REPRESENTATION DTD. 16/11/2006 SUBMITTED BY THE PETITIONER'S SCHOOL THROUGH THEIR ACCOUNTANT BEFORE THE 2ND RESPONDENT. EXT.P10: COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DTD. 21/11/2006. EXT.P11: COPY OF THE COMMUNICATION SENT BY THE PETITIONER DTD. 23/11/2006 TO THE 2ND RESPONDENT. EXT.P12: COPY OF THE COMMUNICATION DTD. 26/03/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P13: COPY OF THE COMMUNICATION SUBMITTED BY THE PETITIONER ON 18/04/2007. EXT.P14: COPY OF THE NOTICE DTD. 25/04/2007 DIRECTING THE PETITIONER. EXT.P15: COPY OF THE WRITTEN COMMUNICATION DTD. 27/04/2007 SUBMITTED BY THE PETITIONER. EXT.P16: COPY OF THE DEMAND NOTICE ISSUED BY THE RECOVERY OFFICER (3RD RESPONDENT) DTD. 1/05/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ kss P.A.TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No.15564 of 2007 -------------------------- Dated this the 6th November, 2008 J U D G M E N T The petitioner, an establishment which is covered by the EPF Act, challenges Exhibit P16 demand notice. It is now stated by the counsel for the respondents that final orders have been passed pursuant to Exhibit P5 judgment passed by this Court. 2. If that be so, petitioner has remedy by way of an appeal before the Appellate Tribunal. Without prejudice to the right of the petitioner to do so, the writ petition is closed. (V.GIRI,JUDGE) ma 2 3