Smt.Celine John vs The Greater Cochin Development on 22 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22200 of 2010(Y)


1. SMT.CELINE JOHN,
                      ...  Petitioner

                        Vs



1. THE GREATER COCHIN DEVELOPMENT
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :SRI.THOMAS M.JACOB

                For Respondent  :SRI.M.K.THANKAPPAN, SC, GCDA

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :22/07/2010

 O R D E R
                         S. SIRI JAGAN, J.
                    ------------------------------
                    W.P.(C) No.22200 OF 2010
                    -------------------------------
              Dated this the 22nd day of July, 2010


                          J U D G M E N T

The petitioner is a senior citizen. Her late husband

purchased a plot from the Greater Cochin Development Authority

(GCDA for short) for their residential house. Amounts are due to

be paid to the GCDA in respect thereof. Although the petitioner

disputed the quantum fixed, the petitioner decided to pay the

same under protest subject to her right to challenge the excess

demand. Presently she only wants facility to pay the amount in

instalments. She therefore, tendered twelve post-dated cheques

to the second respondent for the amount demanded. But the

respondents returned the same and by Ext.P5 the petitioner was

informed that she cannot be given facility to pay the amounts in

instalments. It is under the above circumstances, the petitioner

has filed this writ petition seeking the following relief:

“i. issue a Writ of Certiorari or such other writ,
direction or order quashing Exhibit P-5 and allow the

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petitioner to pay the amount of Rs.1,51,928/-
demanded by way of Exhibit p-3 in 12 monthly
instalments”.

2. I have heard the learned Standing Counsel

appearing for the respondents also. After getting instructions,

the learned Standing Counsel submits that the respondents are

prepared to permit the petitioner to pay the amount demanded

in twelve equal monthly instalments including interest up to

date of payment of the last instalment, on the diminishing

principal amount in accordance with the agreement between

the parties for allotment of the plot.

3. Accordingly, this writ petition is disposed of with the

following directions:

The petitioner shall pay the amounts demanded in twelve

equal monthly instalments starting from 1/8/2010. Every

subsequent instalment shall be paid on the first working day of

every succeeding month. I make it clear that the petitioner

would be liable to pay interest on the diminishing balance

outstanding amount until the entire amount is paid off. The

interest shall be paid in accordance with the agreement

W.P.(c)No.22200/10 3

executed between the parties for the allotment of the plot. If

the petitioner defaults payment of any one instalment, it would

be open to the respondents to recover the entire amount in a

lump sum by coercive proceedings. If the petitioner pays the

instalments in time without default, no coercive recovery

proceedings shall be initiated against the petitioner. I further

make it clear that this is without prejudice to the right of the

petitioner to challenge the quantum appropriately.

S. SIRI JAGAN, JUDGE

acd

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