IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 19072 of 2004(U) -------------------------- PETITIONER(S): --------------- V.T.RAJAN, THAYYIL (H), THIROOR P.O., KOZHIKODE. BY ADV. SRI.P.A.AUGUSTINE(AREEKATTEL) RESPONDENT(S): --------------- 1. THE SENIOR GEOLOGIST, KERALA MINERAL SQUARD (NORTHERN REGION), A-BLOCK, CIVIL STATION, KOZHIKODE. 2. THE THASILDAR, R.R. VADAKARA. 3. THE VILLAGE OFFICER, KUNNUMMEL, KAKKATTIL P.O., VADAKARA. BY GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 ;TRUE COPY OF THE RR NOTICE ISSUED BY THE 2ND RESPONDENT DATED 16.6.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 19072 OF 2004 -------------------------------------------- Dated this the 2nd day of June, 2009 JUDGMENT Petitioner is challenging recovery proceedings for recovery of arrears of royalty with fine. Since the matter is old and contest is against recovery without proper adjudication, for the sake of finality I directed the petitioner to offer terms for settlement. On behalf of petitioner, counsel offered to clear the arrears with six per cent interest in four equal monthly instalments. The proposal is accepted and on this condition, penalty of Rs. 5,000/- is cancelled. Petitioner is granted four equal monthly instalments to clear the entire arrears with interest at six per cent per annum first of which will be paid on or before 30th of July, 2009 and balance on or before last day of three succeeding months. However, default in payment of any instalment is committed, waiver penalty and reduction in interest will stand vacated and respondents can proceed for recovery of entire amount due with full rate of interest and penalty on first default. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2