IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 5660 of 2010(F) -------------------------------------- PETITIONER(S): ------------------------ C.P.JOHN, AGED 47, S/O.JOHN, CHANDRAVIRUTHIL HOUSE, KULLAKADU, THIRUVALLA VILLAGE & TALUK, PATHANAMTHITTA DISTRICT. BY ADV. MR.JOSEPH GEORGE RESPONDENT(S): --------------------------- 1. THE DEPUTY TAHSILDAR (R.R), TALUK OFFICE, THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 3. LESLIE MATHEW, AGED ABOUT 30, S/O.K.T.MATHEW, ANN VILLA, KULANGARA BHAGOM, CHAVARA, KOLLAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN R3 BY ADVS. SRI.S.SUNIL NARAYANAN, SRI.SAJJU.S. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 5660 of 2010-F ---------------------------- Dated this the 29th day of March, 2010. J U D G M E N T The challenge is against the coercive proceedings stated as being pursued against the petitioner based on the proceedings of the Consumer Disputes Redressal Forum, Kollam. 2. Despite the service of notice, no counter affidavit or statement has been filed from the part of the third respondent. The learned counsel for the petitioner submits that, altogether four cases were there and the remaining cases have already been disposed of by passing judgment similar to Ext.P4, whereby the petitioner has been permitted to clear the liability by way of '12' equal monthly instalments. 3. In the above circumstances, the petitioner is directed to satisfy the due amount by way of '12' equal monthly instalments; the first of which shall be effected on or before the 30th of April, 2010; to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to the above, all further coercive proceedings pursuant to Ext. P2 shall be kept in W.P(C) No. 5660 of 2010-F 2 abeyance. It is also made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will open to the respondents, to proceed with appropriate steps for realisation of the entire amount in a lump sum. It is made clear that, by virtue of the amendment to the relevant Rule and the law as made clear by this Court on the point, the liability of the petitioner to pay the collection charges will be at the rate of 1%. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab