High Court of KeralaWP(C)/455/2015disposed of

P P Jacob v. The District Collector

2015-01-07Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 455 of 2015 (F) -------------------------- PETITIONER:

-------------------- P.P. JACOB, PANDYAMYALIL HOUSE, KANJIRAMATTOM P.O., ERNAKULAM.

BY ADV. SRI.T.P.GOPAKUMAR.

RESPONDENTS:

------------------------- THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-682 030.

BY GOVT. PLEADER SRI.JOSEPH GEORGE.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 455 of 2015 (F) APPENDIX PETITIONER'S EXHIBITS:- P1:- TRUE PHOTOCOPY OF THE CERTIFICATE R.C. NO.8/14-15 DTD. 30/06/2014 ISSUED BY THE PRINCIPAL SUB JUDGE TO THE RESPONDENT. P1(A): TRUE PHOTOCOPY OF THE CERTIFICATE R.C. NO. 9/14-15 DTD. 03/07/2014 ISSUED BY THE PRINCIPAL SUB JUDGE TO THE RESPONDENT. P1(B):-TRUE PHOTOCOPY OF THE CERTIFICATE R.C. NO.10/14-15 DTD. 05/07/2014 ISSUED BY THE PRINCIPAL SUB JUDGE TO THE RESPONDENT. P1(C):-TRUE PHOTOCOPY OF THE CERTIFICATE R.C. NO.11/14-15 DTD. 07/07/2014 ISSUED BY THE PRINCIPAL SUB JUDGE TO THE RESPONDENT. P1(D):-TRUE PHOTOCOPY OF THE CERTIFICATE R.C. NO.12/14-15 DTD. 07/07/2014 ISSUED BY THE PRINCIPAL SUB JUDGE TO THE RESPONDENT. P1(E):-TRUE PHOTOCOPY OF THE CERTIFICATE R.C. NO. 14/14-15 DTD. 11/07/2014 ISSUED BY THE PRINCIPAL SUB JUDGE TO THE RESPONDENT.

P1(F):- TRUE PHOTOCOPY OF THE CERTIFICATE R.C. NO.15/14-15 DTD. 11/07/2014 ISSUED BY THE PRINCIPAL SUB JUDGE TO THE RESPONDENT. P1(G):-TRUE PHOTOCOPY OF THE CERTIFICATE R.C. NO.2/14-15 DTD. 21/04/2014 ISSUED BY THE PRINCIPAL MUNSIFF TO THE RESPONDENT. P1(H):-TRUE PHOTOCOPY OF THE CERTIFICATE R.C. NO.3/14-15 DTD. 21/04/2014 ISSUED BY THE PRINCIPAL MUNSIFF TO THE RESPONDENT. P2:- TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DTD. 27/12/2014. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 455 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 7th day of January, 2015

JUDGMENT

The grievance of the petitioner is with regard to non-refunding of the court fee remitted by the petitioner, pursuant to the settlement of civil disputes.

2. The petitioner and his wife had filed different civil suits before the Sub Court and Munsiff's Court, Ernakulam for recovery of money. In the course of proceedings, the dispute was settled by compromise and the civil cases were disposed of in terms of compromise. As per the terms of compromise, the court fee was to be refunded. The Sub Court, Ernakulam and Munsiff's Court, Ernakulam issued certificates covered by Ext. P1 series to the respondent for refund of the court fee. Eventhough the petitioner produced the said certificates on 08.08.2014, nothing has transpired in the positive to effect the refund. Though Ext. P2 reminder was preferred by the petitioner and his wife, it also did not turn to be fruitful. Hence the writ petition.

3. Heard the learned Government Pleader as well.

W.P.(C) No. 455 of 2015 : 2 :

4. After hearing both the sides, the writ petition is disposed of, directing the respondent to disburse the amount covered by Ext. P1 series to the beneficiaries at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the respondent for further steps. Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd