IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

WEDNESDAY, THE 7^TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 WP(C) NO. 25502 OF 2015 PETITIONER/S:

KERALA STATE CASHEW DEVELOPMENT CORPORATION P.B NO.13, KOLLAM 1, REPRESENTED BY ITS MANAGING DIRECTOR DR.K.A.RETHEESH, CASHEW HOUSE, KOLLAM 1.

BY ADVS.

SRI.C.UNNIKRISHNAN, SC, KSCDC LTD.

SRI.V.J.MATHEW SR.

SRI.VIPIN P.VARGHESE, SC, KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD.

RESPONDENT/S:

1 REGIONAL P.F COMMISSIONER EPFO, BHAVISHYA NIDHI BHAVAN, PB NO.1016, PATTOM, THIRUVANANTHAPURAM 695 004.

2 THE ASSISTANT PROVIDENT FUND COMMISSIONER EPFO, BHAVISHYA NIDHI BHAVAN, PB NO.1016, PATTOM, THIRUVANANTHAPURAM 695 004.

3 THE ENFORCEMENT OFFICER EPFO, BHAVISHYA NIDHI BHAVAN, PB NO.1016, PATTOM, THIRUVANANTHAPURAM 695 004.

4 THE BRANCH MANAGER BANK OF BARODA, MAIN BRANCH, NEAR ALUKKAS, CHINNAKADA, KOLLAM 691 001.

BY ADVS. NITA N.S SRI.N.N.SUGUNAPALAN (SR.)

SRI.ANIL THOMAS (MELEMALAYIL)

SRI.JOSE ABRAHAM SMT.T.N.GIRIJA SCEPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

The petitioner has approached this court challenging the proceedings initiated by the 1^st respondent to attach certain amounts in the bank account of the petitioner maintained with the 4^th respondent bank alleging that there are dues in respect of Provident Fund contributions payable for the period from April 2014 to January 2015.

2. When this matter is taken up for consideration today it is the submission of the learned counsel for the petitioner that the amounts which were sought to be recovered by attaching the bank account have been paid by the petitioner, as is evident from Exts.P5 to P7 produced along with IA No.1/2024. It is submitted that despite the payment of the amount as per Exts.P5 to P7, the attachment over the bank account of the petitioner with the

4^th respondent bank is continuing.

3. Having heard the learned counsel for the petitioner, the learned counsel for the Provident Fund Organziation and the learned counsel for the 4^th respondent, I am of the view that this writ petition can be disposed of directing the 2^nd respondent to take into consideration of Exts.P5 to P7 and further directing that if the amounts in respect of which the proceedings for attachment were initiated have been paid by the petitioner to forthwith lift the attachment by issuing necessary communication to the 4^th respondent. Let the needful be done within a period of one month from the date of receipt of a certified copy of this judgment.

Sd/-

GOPINATH P.

JUDGE AMG APPENDIX OF WP(C) 25502/2015 PETITIONER EXHIBITS EXHIBIT P1. COPY OF THE NOTICE NO.KR/TVM/1227/ENF 1 (1)/2015 DATED 18.8.15 FOR AN AMOUNT OF RS.28,65,417/-

EXHIBIT P2. COPY OF THE PROCEEDINGS OF RPFC THIRUVANANTHAPURAM NO.KR/TVM/1227/ENF.1(1)/2015 DATED 10.6.15.

EXHIBIT P3. COPY OF THE REPLY NO.CDC/PRL/P7/FY.9/KR/TVM/1227/2015 DATED 22.6.15.

EXHIBIT P4. COPY OF THE ORDER IN WPC 21575/15 DATED 16.7.15 AND EXTENDED ORDER DATED 31.7.15 OF THIS HONOURABLE COURT.

Exhibit P5 THE TRUE COPY OF THE PAYMENT CHALLAN ISSUED BY STATE BANK OF INDIA FOR THE REMITTANCE MADE BY THE PETITIONER FOR THE PERIOD 4/2014 TO 1/2015.

Exhibit P6 THE TRUE COPY OF THE TRRN DETAILS CONFIRMING THE PAYMENT MADE BY PETITIONER FOR THE PERIOD 4/2014 TO

1/2015 ISSUED BY THE RESPONDENT.

Exhibit P7 TRUE COPY OF THE STATEMENT SHOWING 7A CONTRIBUTION PAYMENT DETAILS DURING THE PERIOD FROM 4/2014 TO

1/2015 MADE BY THE PETITIONER