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Kerala High Court

Remeshan.T.V vs Regional Provident Fund Commissioner, ... on 6 March, 2025

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.8861/2025                         1/3                        Order Date : 06-03-2025

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN


                Thursday, the 6th day of March 2025 / 15th Phalguna, 1946


                                 WP(C) NO. 8861 OF 2025

   PETITIONER:

          REMESHAN.T.V, AGED 63 YEARS, S/O KESAVAN, THANNIMUKATH
          VALIYAPURAYIL, GURUKULAM ROAD, KOYILANDY.P.O., KOZHIKODE, PIN -
          673305

   RESPONDENTS:

      1. REGIONAL PROVIDENT FUND COMMISSIONER, KALOOR EPF ORGANIZATION,
         REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTAM, THIRUVANANTHAPURAM,
         PIN - 695004
      2. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND
         ORGANIZATION, REGIONAL OFFICE, ERANHIPALAM.P.O., KOZHIKODE, PIN -
         673006
      3. THE BOARD OF TRUSTEES OF EMPLOYEES' PROVIDENT FUND ORGANIZATION
         REPRESENTED BY THE CENTRAL PROVIDENT COMMISSIONER, BHAVISHYA NIDHI
         BHAVAN,14, BHIKAJI CAMA PALACE,NEW DELHI, PIN - 110066
      4. THE MATSYAFED KAMALESWARAM, MANACAUD.P.O., THIRUVANANTHAPURAM,
         REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695009


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondents 1 to 3 to release/returned rs.
   8,99,542/- recovered as interest towards the contribution unauthorizedly
   with 10% future interest immediately to the petitioner pending disposal of
   the above writ petition.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S P.P.JACOB & MARIYAM JACOB Advocates for the petitioner,SRI.NITA N.S
   Advocates for R1 & R2, the court passed the following:
 WP(C) No.8861/2025                       2/3                    Order Date : 06-03-2025




                        MURALI PURUSHOTHAMAN, J.
             -----------------------------------------------
                         W.P(C) No.8861 of 2025
             -----------------------------------------------
                  Dated this the 6th day of March, 2025

                                    O R D E R

Admit. Smt.Nita N.S., learned Counsel, takes notice for respondents 1 to 3.

Sri.T.P.Pradeep, learned Counsel, takes notice for the 4th respondent.

Post on 20.05.2025.

Sd/-

MURALI PURUSHOTHAMAN JUDGE sp/06/03/2025 WP(C) No.8861/2025 3/3 Order Date : 06-03-2025 APPENDIX OF WP(C) 8861/2025 Exhibit P1 TRUE PHOTOCOPY OF THE PROCEEDING ISSUED BY THE FOURTH RESPONDENT DATED 19.2.2016 TO THE PETITIONER Exhibit P2 TRUE PHOTOCOPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE FOURTH RESPONDENT DATED 14.3.2019 Exhibit P3 TRUE PHOTOCOPY OF THE LETTER DATED 5.4.2019 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 5.4.2019 Exhibit P4 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT DATED 1.8.2023 TO THE PETITIONER Exhibit P5 TRUE PHOTOCOPY OF THE RTI APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 23.5.23 Exhibit P6 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE PROVIDENT FUND AUTHORITY DATED 27.6.23 TO THE PETITIONER Exhibit P7 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.NO. 4979/2017 DATED 3.1.2018 Exhibit P8 TRUE PHOTOCOPY OF THE JUDGMENT REPORTED IN 1987(4) SC 328 DATED 3.9.87 Exhibit P9 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 9.1.2024 Exhibit P10 TRUE PHOTOCOPY OF THE PROCEEDING ISSUED BY THE PROVIDENT FUND AUTHORITIES DATED 14.2.24 Exhibit P11 TRUE PHOTOCOPY OF THE LETTER ISSUED TO THE EMPLOYEES PROVIDENT FUND ORGANIZATION DATED 30.5.2024 Exhibit P12 TRUE PHOTOCOPY OF THE REPLY DATED 13.6.2024 ISSUED TO THE PETITIONER Exhibit P13 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) 15353/2024 DATED 10.12.2024 Exhibit P14 TRUE PHOTOCOPY OF THE LETTER DATED 17.2.2025 ISSUED BY THE PETITIONER TO THE RESPONDENTS