IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 29545 of 2009(K) -------------------------- PETITIONER(S): --------------- M/S.AL-ASHAR COLLEGE OF ARTS AND SCIENCE, PERUMBILLICHIRA P.O., THODUPUZHA, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER, K.M.MOOSA. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): --------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE, CHALAKUZHI BUILDING CMS COLLEGE ROAD, KOTTAYAM. 2. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION SUB REGIOAL OFFICE, CHALAKUZHI BUILDING CMS COLLEGE ROAD, KOTTAYAM. BY ADV. SRI. JOY THATTIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 29545 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th October, 2009. J U D G M E N T The petitioner is a defaulter in payment of contributions under the Employees Provident Funds and Miscellaneous Provisions Act as assessed by the 1st respondent. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks a direction to the respondents to permit the petitioner to pay the amounts in instalments. 2. I have heard the standing counsel for the Provident Fund Organisation also, who opposes the same. 3. However, taking a lenient view, I direct the respondent to permit the petitioner to pay off the amounts due as per Ext. P2 in four monthly instalments starting from 2-11-2009. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on the due dates, coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any one instalment, it would be open to the respondents to initiate appropriate proceedings to recover the amounts in a lump sum. I make it clear that the petitioner would be liable to pay interest up to the date of last payment. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.