IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 16TH NOVEMBER 2007 / 25TH KARTHIKA 1929 WP(C).No. 12070 of 2004(J) -------------------------- OP MV.2252/1993 of M.A.C.T.,KOTTAYAM .................... PETITIONER: ------------ P.J.CHACKO, S/O. JOSEPH, PULICKAL PULIMOOTTIL HOUSE, MARANGATTUPALLY P.O., KOTTAYAM DISTRICT. BY ADV. SRI.D.SREEKUMAR RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE DEPUTY TAHSILDAR (RR), MEENACHAL TALUK, PALAI. 3. THE VILLAGE OFFICER, ELACKADU MARANGATTUPALLY P.O., KOTTAYAM DISTRICT 4. THANKAPPAN ALIAS CHACKO, S/O. OUSEPH, VATTAPPILLAYIL HOUSE, PUSHIKOL KARA, PUZHIKOL P.O., KADATHURUTHY, KOTTAYAM DISTRICT. 5. THE KERALA STATE INSURANCE DEPARTMENT, KANJIKUZHY OFFICE, KOTTAYAM, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. R1 TO R3 & R5 BY G.P. SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE DATED 12.3.2004 ISSUED BY THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS DATED 19.3.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 12070 OF 2004 -------------------------------------------- Dated this the 16th day of November, 2007 JUDGMENT There is no scope for entertaining the challenge against recovery proceedings when the MACT award itself is not under contest in this W.P. Counsel for the petitioner contended that claim is covered by a policy and therefore insurance company should have made payment. I leave it open to the petitioner to redress grievance against award in any forum, or through court in terms of the statute. However, since the challenge against recovery is not entertained in this WPC, petitioner is given time till 30.3.2008. Revenue recovery proceedings will be kept in abeyance for payment as above, and if default is committed by the petitioner in payment of the amount, respondents will be free to recover the entire arrears due. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge 2