IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 W.P(C).No. 3101 of 2008(T) -------------------------------- PETITIONER: -------------- M/S COCHIN RUBBERS, OPPOSITE VENNALA CO-OPERATIVE BANK, VENNALA P.O.,COCHIN-28. REPRESENTED BY ITS MANAGER, PEEYUS KURUVILA. BY ADV. SRI.SANTHAN V.NAIR RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, THE PLANTATION CORPORATION OF KERALA LTD. AT ITS REGISTERED OFFICE AT KOTTAYAM, PIN-684004. BY ADV. SRI.JOSEPH KODIANTHARA SRI.TERRY V.JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 3101 OF 2008 T = = = = = = = = = = = = = = = = Dated this the 17th March, 2008 J U D G M E N T In this writ petition, it is seen that the 2nd respondent has offered the following terms for settling the dispute with the petitioner: “1. Tapping will be allowed only after making an advance payment of Rs.15,000/- as weekly advance such as 2500/- per day per block to 6 days in every week ie. 6 x 2500 = 15000/- as agreed to by the parties in their original representation. 2. Entire amount shall be repaid before 3rd March, 2009. 3. The penal interest will be levied as per the terms and conditions already agreed. 4. The contractors and his labourers shall vacate the scheduled property on or before 14.5.2009, mentioned in the clause one of the original agreement dated 10.5.2007.” Counsel for the petitioner undertakes to comply with the aforesaid terms and in view of the agreement between the parties, recording W.P.(C) No. 3101 OF 2008 - 2 - the aforesaid terms this writ petition is closed. 2. Counsel for the petitioner requests that the terms of the agreement may be made effective from 1st April, 2008. I do not think that this Court will be justified in issuing such a direction. I leave it open to the petitioner to move the 2nd respondent if he so desires. ANTONY DOMINIC JUDGE jan/-