IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 32619 of 2009(V) ------------------------------------- PETITIONER(S): ------------------------ ROY JOSEPH, AGED 34 YEARS, S/O.OUSEPH, MUTHUPLACKAL HOUSE, PALORKAVU P.O., THEKKEMALA KARA, PERUVANTHANAM VILLAGE, PEERMEDU, IDUKKI DISTRICT. BY ADVS.MR.K.S.HARIHARAPUTHRAN MR.M.D.SASIKUMARAN MR.GEORGE MATHEW RESPONDENT(S): -------------------------- 1. STATE OF KERALA REP.BY SECRETARY REVENUE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR IDUKKI, CIVIL STATION, IDUKKI. 3. DEPUTY TAHSILDAR (R.R.) PEERMEDU TALUK, TALUK OFFICE, PEERMEDU. 4. THE VILLAGE OFFICER, VILLAGE OFFICE, PERUVANTHANAM. 5. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, P.B.NO.124, CHERANVELIL BUILDINGS, N.H.220, KANJIRAPPALLY REP.BY ITS MANAGER. 6. MOLLY THOMAS, CHULAYILLPLAKKAL, NOW RESIDING AT PLAMPARAMBIL HOUSE, EDAKUNNAM VILLAGE, VELICHIYANI KARA, PARATHODU. W.P.(C) NO.32619/2009 7. C.T.THOMAS @ THOMMACHAN, CHULAYILLPLAKKAL THEKEMALA, NOW RESIDING AT PLAMPARAMBIL HOUSE, EDAKUNNAM VILLAGE, VELICHIYANI KARA, PARATHODU. 8. JINO.P.JACOB (MINOR) REP.BY NEXT FRIEND, PHILOMONA, PLAMPARAMBIL HOUSE, EDAKUNNAM VILLAGE, VELICHIYANI KARA, PARATHODU. R1 TO R4 BY GOVT. PLEADER MR.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 32619 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 2009 J U D G M E N T 1. Challenge is against the revenue recovery proceedings initiated pursuant to Exts.P2 & P3 series notices issued, for realisation of amounts covered under Ext.P1 common award passed by the Motor Accidents Claims Tribunal, Pala. The petitioner is the 1st respondent before the Tribunal in all the three claim cases which were disposed of by Ext.P1 award. He is the owner-cum-driver of the vehicle involved in the accident. By virtue of Ext.P1 award the Tribunal directed the insurer of the vehicle to make payment of the amount of compensation awarded. But a right of recovery was provided against petitioner. 2. According to the petitioner he was not having knowledge about the Ext.P1 award and only when the notices of recovery was received that he came to know about the same. Immediately the petitioner applied and W.P.(C)No. 32619 of 2009 -2- obtained certified copies of the award and appeals have already been field against the awards, before this court as MACA Nos.2889/2009, 2890/09 & 2891/2009. It is submitted that eventhough stay petitions are filed along with the appeals, the petitioner could not move for stay before the appellate court because there is delay in filing the appeals, and that the delay will be condoned only after service of notice to the respondents therein. It is submitted that the appellate court had already issued notice on the delay condonation application. Under the above circumstances, limited prayer of the petitioner is for a direction to keep in abeyance recovery steps till the appellate court considers the delay condonation application and till the petitioner could move that court seeking stay of operation of the award. 3. Having considered facts and circumstances of the case, I am of the opinion that the writ petition can be disposed of directing the respondents to keep in abeyance the recovery steps for a reasonable time. W.P.(C)No. 32619 of 2009 -3- 4. In the result, the writ petition is disposed of directing the respondent 2 to 4 to keep in abeyance all further steps of recovery initiated pursuant to Ext.P2 & P3 series notices for a period of two months from today, in order to facilitate the petitioner to approach the appellate court seeking appropriate interim reliefs. C.K. ABDUL REHIM JUDGE shg/