IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 22200 of 2010(Y) --------------------------------- PETITIONER(S): ------------------- SMT.CELINE JOHN, AGED 73 YEARS,W/O LATE P.M.JOHN, PLOT NO-15,JUDGES AVENUE, KALOOR, KOCHI-682017. BY ADV. .THOMAS M.JACOB RESPONDENT(S): --------------- 1. THE GREATER COCHIN DEVELOPMENT AUTHORISED(GCDA),S.A.ROAD, KADAVANTHARA, KOCHI-682020, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, THE GREATER COCHIN DEVELOPMENT AUTHORITY(GCDA) S.A.ROAD,KADAVANTHARA,KOCHI-682020. ADV. MR.M.K.THANKAPPAN, SC, GCDA FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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 W.P.(c)No.22200/10 2 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 W.P.(c)No.22200/10 4 W.P.(c)No.22200/10 5