Kerala High Court
Dr.Somervell Memorial Csi Medical ... vs Employees Provident Fund Organisation on 17 April, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 17TH DAY OF APRIL 2019 / 27TH CHAITHRA, 1941
WP(C).No. 12277 of 2019
PETITIONER:
DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE AND
HOSPITAL,
KARAKONAM, THIRUVANANTHAPURAM - 695 504, REPRESENTED
BY ITS ADMINISTRATIVE OFFICE, P.BHUVANACHANDRAN, AGED
54 YEARS, SON OF K.PONNAYYAN NADAR, MIZPAL, TRA 103,
NJANAVILA, KOTTUPURM P.O.,
THIRUVANANTHAPURAM - 695 521.
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.N.RAJAGOPALAN NAIR
SRI.P.S.GIREESH
SRI.RIYAL DEVASSY
RESPONDENTS:
1 EMPLOYEES PROVIDENT FUND ORGANISATION,
REPRESENTED BY ITS REGIONAL PROVIDENT COMMISSIONER I,
REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004.
2 THE REGIONAL PROVIDENT FUND COMMISSIONER I,
EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL
OFFICE, BHAVISHYA NIDHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004.
3 THE ASSISTANT PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL
OFFICE, BHAVISHYA NIDHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004.
BY SRI.N.N.SUGUNAPALAN & SRI.S.SUJIN (SENIOR)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 12277 of 2019 2
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 2nd and 3rd respondents to consider Exts.P2 to P4 representations of the petitioner and pass appropriate orders on it in accordance with law, after hearing the petitioner, within a reasonable time limit as this Hon'ble Court may deem fit to fix in the facts and circumstances of the case.
b) Call for the records and files leading to Ext.P5 issued by 3rd respondent and quash Ext.P5 by issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction, or in the alternative issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to keep in abeyance all further proceedings pursuant to Ext.P5 until Exts.P2 to P4 representations are considered and due orders passed on it in accordance with law by 2nd and 3rd respondents and
c) Grant such other and further reliefs as are deemed just and proper in the facts and circumstances of the case, including the costs of this proceedings.
2. Apparently as per Ext.P1 final determination WP(C).No. 12277 of 2019 3 order, petitioner is liable to pay certain amounts to the 1st respondent Employees' Provident Fund Organisation. Petitioner is not challenging Ext.P1, however, it is submitted that, there is a calculation error in Ext.P1 extending to Rs.11,00,000/- and even though petitioner has submitted Exts.P2 and P3 representations before the 3rd respondent, no action was initiated. Pursuant to which, petitioner has submitted Ext.P4 representation before the 2nd respondent. It is also submitted that, Ext.P5 order dated 2.4.2019 is issued by the Assistant Provident Fund Commissioner, attaching bank account of the petitioner remaining with Syndicate Bank, Karakonam Branch, Thiruvananthapuram. These are the basic facts projected by the petitioner in this writ petition.
3. I have heard learned counsel for petitioner, learned Standing Counsel for respondents and perused the pleadings and documents on record.
4. Since a correction application viz., Ext.P4 is pending before the 2nd respondent, there will be a direction to the 2nd respondent to take into account Ext.P4 and finalise the same, at the earliest possible time and at any rate within one month from the date of WP(C).No. 12277 of 2019 4 receipt of a copy of this judgment, if required, after providing necessary participation to the petitioner.
Writ petition is disposed of accordingly.
SHAJI P.CHALY
Smv JUDGE
17.4.2019
WP(C).No. 12277 of 2019 5
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER
NO.KR/TVM/16743/ENF.II(3)/2018-19 DATED 19/4/2018 PASSED BY 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF REPRESENTATION NO.2523/ACCT/MCHK/2018 DATED 16/3/2019 SUBMITTED BY PETITIONER TO 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF REPRESENTATION NO.2523/ACCT/MCHK/2018 DATED 27/3/2019 SUBMITTED BY PETITIONER TO 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 8/4/2019 SUBMITTED BY PETITIONER TO 2ND RESPONDENT WITH COPY TO 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF LETTER NO.KR/TVM/16743/ENF.II(3)/8F/2018-19/21 DATED 2/4/2019 ALONG WITH THE ORDER NO.KR/TVM/16743/ENF.II(3)/8F/2018-19/21-A DATED 2/4/2019 ATTACHED THEREWITH, SENT BY 3RD RESPONDENT TO PETITIONER'S BANKERS, SYNDICATE BANK, KARAKONAM BRANCH, THIRUVANANTHAPURAM.