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High Court of KeralaWP(C)/18742/2015disposed of

Chittur Thathamangalam Municipality v. Employees Provident Fund Organization

2015-08-31Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 31ST DAY OF AUGUST 2015/9TH BHADRA, 1937 WP(C).No. 18742 of 2015 (P) ---------------------------- PETITIONERS:

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1. CHITTUR THATHAMANGALAM MUNICIPALITY MUNICIPAL OFFICE, CHITTUR, PALAKKAD-678 101 REPRESENTED BY ITS SECRETARY.

2. THE SECRETARY, CHITTOOR THATHAMANGALAM MUNICIPALITY, MUNICIPAL OFFICE, CHITTUR, PALAKKAD-678 101.

BY ADVS.SRI.K.P.VIJAYAN SRI.V.N.HARIDAS RESPONDENTS:

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1. EMPLOYEES PROVIDENT FUND ORGANIZATION REPRESENTED BY ASSISTANT PROVIDENT FUND COMMISSIONER, KOZHIKODE.

2. THE ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, KOZHIKODE-673 006.

BY SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18742 of 2015 (P) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 TRUE COPY OF THE GOVERNMENT ORDER DATED 01.03.2013 BRINING ALL THE MUNICIPALITIES WITHIN THE PURVIEW OF THE ACT. A/W TYPED COPY.

EXT.P2 TRUE COPY OF THE PROSECUTION NOTICE DATED 21/4/2015 ISSUED BY THE 2ND RESPONDENT EXT.P3 TRUE COPY OF THE NOTICE DATED 9/6/2015 ISSUED BY THE 2ND RESPONDENT EXT.P4 TRUE COPY OF THE NOTICE DATED 9/6/2015 ISSUED BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 18742 OF 2015 ------------------------------------ Dated this the 31st day of August, 2015

JUDGMENT

The petitioner intends to challenge Exts.P3 and P4 proceedings levying damages and interest in further appeal. All that the petitioner prays is to keep the proceedings in abeyance to enable it to pursue the statutory remedy.

2.

The coercive steps pursuant to Exts.P3 and P4 proceedings shall be put on hold till 31.10.2015. It is upto the petitioner to seek appropriate interim reliefs in the appeal if any filed against Exts.P3 and P4 proceedings.

3.

The question whether an appeal lies against Ext.P4 proceedings is a matter to be decided by the appellate authority. I express no opinion on that issue at this juncture. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd