Disposed

C.P.John v. Deputy Tahsildar

Kerala HC27 Aug 2009WP(C)/18532/2009

Case brief

AI extract

What is this about?

The Court disposed of writ petitions challenging coercive proceedings under an Consumer Forum order. Petitioner remitted a sum of Rs. 1 lakh as interim condition. Court directed satisfaction of remaining balance in 12 monthly installments. Petitioner to pay collection charges at 1% rate.

What did the court decide?

Petitioner directed to satisfy outstanding liability in 12 equal monthly installments. First installment by 15th September 2009. Default will lead to alerting authorities. Collection charges at 1%.

C.P.John Vs Deputy Tahsildar — Consumer Protection | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931

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WP(C).No. 18532 of 2009(J)

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--------------------------

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PETITIONER:

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C.P. JOHN, AGED 47, S/O. JOHN, CHANDRAVIRUTHIL HOUSE, KULLAKADAVU, THIRUVALLA VILLAGE & TALUK, PATHANAMTHITTA DIST.

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BY ADV. MR. JOSEPH GEORGE

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RESPONDENTS:

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THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, THIRUVALLA, PATHANAMTHITTA DIST.

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THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA.

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MAVIS MATHEW, W/O. K.T. MATHEW, ANN VILLA, KULANGARA BHAGOM, CHAVARA, KOLLAM DIST.

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R1 AND R2 BY GOVERNMENT PLEADER MR. MATHEW VADAKKAL R3 BY ADV. MR. S.SUNIL NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/08/2009, ALONG WITH WPC NO. 18533 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.R. RAMACHANDRA MENON J.

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W.P. (C) Nos. 18532 of 2009 and 18533 of 2009

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Dated, this the 27^th day of August, 2009

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JUDGMENT

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The challenge is against the coercive proceedings stated as being pursued against the petitioner in both the cases pursuant to the “agreed order” passed by the Consumer Disputes Redressal Forum, Kollam. The challenge has been raised on many a ground and at the time of admission, this Court had intercepted the coercive steps on 2.7.2009, on condition that the petitioner remitted a sum of Rs. 1 lakh in each case within two weeks.

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The learned counsel for the petitioner submits that, the condition imposed by this Court has already been complied and that the limited relief sought for is to have some breathing time to clear the balance amount by way of installments.

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The learned counsel appearing for the 3^rd respondent/claimant submits that, he is very much ready and willing to have the matter settled accordingly and that the balance amount in both the cases shall be cleared by the petitioner by way of 12 equal monthly installments. Accordingly both the matters are disposed of, directing the petitioner to satisfy the outstanding liability in both the cases by way of 12 equal monthly installments; the first of which shall be effected on or before the

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WP (C) Nos. 18532 of 2009 and 18533 of 2009

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: 2 :

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15^th of September 2009, to be followed by the remaining installments to be satisfied on or before 15^th of the succeeding months. If any default is committed by the petitioner in remitting the payments as above, the third respondent will be at liberty to alert the departmental authorities to proceed with the further steps, from the stage where it stands now.

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It is also made clear that, by virtue of the amendment of the relevant rules and as made clear by this Court, the petitioner will be liable to pay the collection charges to the revenue authorities, only at the rate of 1 %.

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The Writ Petition is disposed of accordingly.

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P. R. RAMACHANDRA MENON, JUDGE

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kmd

C.P.John v. Deputy Tahsildar

Case brief

What is this about?

What did the court decide?

C.P.John v. Deputy Tahsildar

Case brief

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