The High Court of Kerala dismissed a writ appeal filed by legal representatives seeking quashing of proceedings and refund of penal interest imposed by the Plantation Corporation of Kerala Ltd. for delayed payment under an agreement regarding rubber trees.
Writ appeal dismissed; priors judgment and order affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 16TH DAY OF FEBRUARY 2016/27TH MAGHA, 1937
WA.No. 2783 of 2009 ( ) IN OP.24035/1999 ------------------------------------------
AGAINST THE JUDGMENT IN OP 24035/1999 OF THE HIGH COURT OF KERALA DATED 22-10-2007
APPELLANT(S):
1. ELIYAMMA, KURIAKOSE, W/O.LATE K.V.KURIAKOSE, KANNANGANAMALIYIL HOUSE
2. K.K.GEORGE, S/O. -DO-
3. K.K.VALSA, D/O. -DO-
4. K.K.MOLY, D/O. -DO-
5. LISSY KURIAKOSE, -DO-
RESPONDENT(S):
1. THE PLANTATION CORPORATION OF KERALA LTD., REP.BY ITS MG.DIRECTOR OFFICE OF THE PLANTAION CORPORATION OF KERALA KOTTAYAM-4.
2. THE GENERAL MANAGER (SALES) PLANTATION CORPORATION OF KERALA LTD. OFFICE OF THE PLANTATION CORPORATION OF KERALA KOTTAYAM-4.
BY ADV. SRI.MATHEWS K.UTHUPPACHAN BY ADV. SRI.TERRY V.JAMES ADV. SRI.RAJU SEBASTIAN VADAKKEKARA, SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No. 2783 of 2009
APPENDIX
APPELLANTS' EXHIBITS:
ANNEXURE A-1 MEDICAL CERTIFICATE
RESPONDENT'(S) EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
bka/-
ASHOK BHUSHAN, C.J. &
A.M. SHAFFIQUE, J.
W.A. No. 2783 of 2009
Dated this the 16th day of February, 2016
J U D G M E N T
Ashok Bhushan, C.J.
Heard.
“i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records from the respondents relating to the case and quash all proceedings of the respondents recovering penalty of Rs.3,32,919/- and penal interest for the belated payment from the petitioner in respect of the rubber trees standing in Block No.III Division No.A of Chandanappally estate; and
ii) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to refund to the petitioner the amount collected as per Exhibit P16 towards penalty and penal interest with appropriate interest;
and
iii) issue such other appropriate writ, order or direction
W.A. No. 2783 of 2009
..2..
which may deem fit and necessary in the facts and circumstances of the case and allow the Original Petition with costs.”
W.A. No. 2783 of 2009
..3..
the learned counsel for the appellants and perused the records.
“4. The purchaser shall however be free to remit any or all of the instalments mentioned in the foregoing clause before the due dates thereof, but it is hereby clarified that the purchaser shall be to cut and remove only such number of trees as is proportionate to the price or consideration remitted by him. Any delayed payment if accepted by the Corporation will attract 25% penal interest per annum.”
the action of the Corporation did not fall in Clause 17, the Corporation was not without any power to impose any penal interest on the delayed payment of the instalments.
W.A. No. 2783 of 2009
..4..
The extension of time for payment with penalty and acceptance of delayed payment are not different; and for both, the Corporation was fully empowered to charge penal interest. We find no error in the judgment rendered by the learned Single Judge in dismissing the writ petition.
The writ appeal is dismissed accordingly.
Sd/- ASHOK BHUSHAN CHIEF JUSTICE
Sd/- A.M. SHAFFIQUE JUDGE
bka/-
//True copy//
PA to Judge
2 issues framed by the court
Whether the High Court erred in dismissing the writ petition challenging the imposition of penal interest for delayed payment under the agreement.
Whether the Plantation Corporation was empowered to charge penal interest for the extension of time for payment of instalments.
Eliyamma, KuriaKose
K.K. George
K.K. Valsa
K.K. Moly
Lissy KuriaKose
The Plantation Corporation of Kerala Ltd.
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
