IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WA.No. 132 of 2006() -------------------- AGAINST THE JUDGEMENT IN OP.39474/2002 Dated 28/10/2005 .................... APPELLANT(S): 1ST RESPONDENT. ----------------------------- THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, EMPLOYEE'S PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, FORT ROAD, KANNUR. BY ADV. SRI.R.SUDHIR SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F. RESPONDENT(S): PETITIONER & ADDITIONAL 2ND RESPONDENT. ------------------------------------------------------ 1. SOORYAJA JAYAKRISHNAN, SAI GEETHA NIVAS, CHAKKARAPARA, AZHIKODE, KANNUR. 2. VALSALAN, KOOKKRI HOUSE, AZHIKODE, KANNUR. ADV. SRI.V.R.KESAVA KAIMAL SRI.K.S.MADHUSOODANAN SRI.T.N.SURESH SRI.B.R.VIJAYA MOHAN SRI.K.B.SUJAI KUMAR SRI.T.V.JAYAKUMAR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ---------------------------------------- W.A. No.132 OF 2006 ---------------------------------------- Dated, the 23rd day of September, 2009 JUDGMENT Ramachandran Nair, J. Heard the counsel for the appellant and the counsel appearing for the respondents. After hearing both sides and after going through the judgment of the learned Single Judge, we do not find any ground to interfere with the judgment because, the learned Single judge found that the property proceeded against under section 17B belongs to the Ist respondent personally and was not transferred by any of the defaulters to provident fund. Consequently, Section 17B is found to have no application to justify the action against Ist respondent. However, it is the duty of the appellant to recover the arrears by sale of properties and clear the arrears due to the employees at the earliest. -:2:- The writ appeal is dismissed with the above observation. C.N.RAMACHANDRAN NAIR JUDGE V.K.MOHANAN, JUDGE kvm/- -:3:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..