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)
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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/.