IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 2869 of 2011(G) ------------------------- PETITIONER: --------------- MRS.KAVITHA PRINCE,W/O.S.PRINCE,PRINCE COTTAGE,NJACKANAL PO, ALAPPUZHA DISTRICT, REP.BY HER POWER OF ATTORNEY HOLDER MR.P.SUBRAMANIYAN,S/O.KUNJI KRISHNAN ,R/AT PRINCE COTTAGE,NJACKANAL PO, ALAPPUZHA DISTRICT. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENTS --------------- 1. GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA),KADAVANTHRA,KOCHI 682 020. 2. THE SECRETARY,GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA),KADAVANTHRA,KOCHI 682 020. 3. CORPORATION OF COC HIN,REP.BY ITS SECRETARY,ERNAKULAM. 4. STATE OF KERALA,REP.BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 AND R2 BY ADV. SRI.M.K.THANKAPPAN, SC, GCDA R3 BY ADV. SMT.P.LISSY JOSE,SC,COCHIN CORPORATION R4 BY SR. GOVERNMENT PLEADER ADV. MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 2869 OF 2011 ......................................................................... Dated this the 21st February , 2011 J U D G M E N T The petitioner along with her husband started an export import business by establishing a company in the name and style 'Inflex Marketing Services India (P) Ltd'. The business was being carried out in the rented premises provided by the respondents. Inspite of the specific mandate by virtue of the relevant provisions of the agreement, there occurred huge arrears of rent, which led to various proceedings. The petitioner filed O.S.No. 579 of 2010 before the Munsiff's Court, Ernakulam seeking to prohibit the respondents from proceeding with further steps and finally the issue was setted at the Lok Adalat, as borne by Ext.P3 proceedings dated 23.07.2010. As per the settlement arrived at between the parties, a sum of ` One lakh was directed to be paid within 30 days and the balance amount was to be paid with current arrears of rent within six months from the expiry of W.P.(C) No. 2869 OF 2011 2 30 days in equal installments. It was also made clear that if any default occurred there with regard to two consecutive installments, further proceedings could be pursued by the respondents-GCDA. 2. The learned counsel for the petitioner submits that non- payment of the balance was only because of some unforeseen circumstances and hence that the further steps taken by the respondents-GCDA by issuing Ext. P6 notice dated 17.12.2010 are liable to be interfered by this Court. 3. When the matter came up for consideration before this Court on 04.02.2011, the coercive steps were ordered to be kept in abeyance, subject to the condition that the petitioner paid a sum of ` 2.5 lakhs on or before 18.02.2011. The learned Standing Counsel for the respondents-GCDA submits that the petitioner has not satisfied the said condition. Notwithstanding the same, this Court finds that the issue herein was the subject matter of consideration before the competent Civil Court, which however was sought to be settled by the petitioner culminating in Ext. P3 Award passed by the Lok Adalat The petitioner has no W.P.(C) No. 2869 OF 2011 3 case that the same was reached under duress, coercion or any other extraneous consideration. In the said circumstance, nothing remains further to be considered in this Writ petition. The writ petition fails and it is dismissed accordingly. It is made clear that if the amount due is not satisfied by the petitioner as covered by Ext. P3, the respondents are at liberty to pursue further steps in accordance with law. P.R. RAMACHANDRA MENON, JUDGE. lk