IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 22492 of 2009(F) ----------------------------------------- PETITIONER(S): ------------------------- M/S.ATHANI TOURIST HOME, REPRESENTED BY ITS MANAGING PARTNER K.RAMAKRISHNAN, M/S.ATHANI TOURIST HOME, ATHANI-683 585. BY ADV. MR.DINESH R.SHENOY RESPONDENT(S): ---------------------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, KALOOR, KOCHI-17. 2. THE REGISTRAR, EPF APPELLATE TRIBUNAL, SCOPE MINAR CORE-2, 4TH FLOOR, LAXMI NAGAR DISTRICT CENTRE, DELHI-110 092. BY ADV. MR. M.CHANDRA BOSE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No. 22492 of 2009 -------------------------- Dated this the 7th August,2009 J U D G M E N T Petitioner's establishment is sought to be covered by the EPF Act and Ext.P1 order has been passed in this regard demanding contribution for the period from 2002 to 2009. Ext.P1 order has been challenged by the petitioner before the Appellate Authority, as evidenced by Ext.P2. In the meanwhile, coercive proceedings have been taken as evidenced by Exts.P3 and P7 which also evidences an order of attachment of the bank accounts maintained by the petitioner. Hence the writ petition praying for the following reliefs. “(a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to grant the petitioner a hearing of Exhibit-P2 appeal and stay application at a camp sitting at Ernakulam at the earliest. (b) Issue a writ in the nature of a mandamus or any other appropriate writ, order or direction, commanding the first respondent to stop all proceedings pursuant to Ext.P1, till the disposal of Ext.P2 appeal. W.P ( C) No. 22492 of 2009 2 (c) Issue a writ in the nature of a certiorari, calling for the records leading to Ext.P3 and P7 (a) and quash the same.” Coercive proceedings evidenced by Exts.P3 and P7 shall be kept in abeyance for a period of four months from today provided the petitioner pays an amount of Rs.1 lakh within four weeks from today. Enforcement of Exts.P3 and P7 shall thereafter abide by the orders to be passed by the Appellate Tribunal. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 22492 of 2009 3 W.P ( C) No. 22492 of 2009 4