High Court Kerala High Court

Sherin S.P vs District Collector on 21 December, 2009

Kerala High Court
Sherin S.P vs District Collector on 21 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24551 of 2009(L)



1. SHERIN S.P.
                      ...  Petitioner

                        Vs

1. DISTRICT COLLECTOR
                       ...       Respondent

                For Petitioner  :SRI.SUMAN CHAKRAVARTHY

                For Respondent  :SRI.SUBHASH CYRIAC

The Hon'ble MR. Justice T.K.CHANDRASEKHARADAS(RETD. JUDGE)
SHRI K.J.THOMAS STANLEY(RETD.ADDL.DIST.JUDGE)

 Dated :21/12/2009

 O R D E R

SRI. R.D. SHENOY
(SENIOR ADOVATE, HIGH COURT OF KERALA)
AND
SRI. K. N. SATHEESAN
(RETD. DISTRICT JUDGE)

– – – – – — – – – – – – – – – – – – – – – – – – – – – – – – – – – –

W.P.(C). NO. 24551 OF 2009

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
DATED THIS THE 21ST DAY OF DECEMBER, 2009

A W A R D

Counsel for the petitioner and counsel for the 4th

respondent are present. The petitioner and the 4th respondent

are also present. Respondents 1 to 3 are Revenue authorities.

R.R proceedings are initiated to recover the fine.

2. In the order dated 14.03.2009 in Criminal

R.P.No.739/2008 arising out of S.T.No.2270/2005. This Hon’ble

Court has held “the revision petitioner is permitted either to

deposit the said fine amount before the Court below or directly

pay the compensation to the complainant within 8 months from

today and produce a memo to that effect before the Trial Court in

case of direct payment. If he fails to deposit or to pay the said

amount within afore mentioned period, he shall suffer Simple

Imprisonment for 3 months by way of default sentence”. The

amount to be deposited is Rs.15,25,000/- after giving credit to a

W.P.(C). NO. 24551 / 2009
2

sum of Rs.25,000/- deposited by the petitioner before the Trial

Court.

3. Today that is on 21.12.2009, when the case came up

before the Adalat, it is submitted that pursuant to the agreement

to settle the dispute involved in this writ petition has recorded in

the proceedings of the Lok Adalat on 17.12.2009, “the petitioner

will pay to the 4th respondent a sum of Rs.15,00,000/- in full and

final settlement on 21.12.2009”. Yet another term of agreement

is that the 4th respondent will return the signed blank paper with

revenue stamp thereon as well as the signed blank cheque to the

petitioner. The signed blank cheque is not filled up with any

amount. On receipt of the amount of Rs.15,00,000/-, the blank

paper with the signature on the revenue stamp thereon and the

blank signed stamp paper and also the signed cheque bearing

No.357730 drawn on State Bank of India (un-dated) which

returned to the petitioner today. The 4th respondent has agreed

that the claim in the civil suit pending before the Sub Court,

Thiruvananthapuram against the petitioner stated to have been

W.P.(C). NO. 24551 / 2009
3

numbered in that Court as O.S.No.368/2004. Which is posted

before the Adalat on 9.1.2010 will also be settled on the same

terms as recorded in this writ petition on 17.12.2009.

4. Since this matter covered by the writ petition pertains to

R.R proceedings, the case is sent back to the Court for passing

appropriate orders. It goes without say for settling the suit

before the Adalat on 9.1.2010 in Thiruvananthapuram, presence

of both the parties is necessary and they will act accordingly.

Post on 23.12.2009 in Court.

SRI. R.D. SHENOY
(SR. ADOVATE, HIGH COURT OF KERALA)

SRI. K. N. SATHEESAN
(RETD. DISTRICT JUDGE)

ss/.