IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 18070 of 2011(G) --------------------- PETITIONER(S): ----------------------- 1. YUSUF, S/O. MOHAMMED, AGED 42 YEARS, MANNAYATH VEETTIL, CHUNANGANVELI, ALUVA, ERNAKULAM DIST. 2. M.U. ABOOBACKER, AGED 58 YEARS, S/O. UNNEN KUTTY, MANAYIL HOUSE, CHUNANGANVELI, ALUVA, ERNAKULAM DIST. BY ADVS. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SRI.JOBI.A.THAMPI SMT.ARATHI KARUNAKARAN RESPONDENT(S): ------------------------- 1. VILLAGE OFFICER, ALUVA (EAST) VILLAGE - 682 103. 2. SPECIAL TAHSILDAR, REVENUE RECOVERY, ALUVA-682 103. 3. SMT. ANNAMMA.P.P, W/O. JOSHI JOSEPH, KURUSUVEETTL, CHUNANGAMVELI, ERUMATHALA - 682 113. 4. FAVIN (MINOR), REPRESENTED BY MOTHER ANNAMMA P.P., -DO- 5. ELIKUTTY, W/O. JOSE, -DO- 6. JOSE, FATHER OF THE DECEASED, -DO- R1 & R2 BY GOVT. PLEADER SRI. BIJOY CHANDRAN R3 TO R6 BY ADV. SRI. MANU RAJ K.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 18070 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF MEDICAL CERTIFICATE FOR THE INJURIES CAUSED IN THE ACCIDENT. EXT.P2 : COPY OF THE EXECUTION PETITION NO. 598/10 IN OPMV 1256/95 FROM THE MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. EXT.P2(a) : COPY OF THE NOTICE ISSUED IN THE EXT.P2 EXECUTION PETITION. EXT.P3 : PHOTOCOPY OF THE NOTICE ISSUED UNDER THE REVENUE RECOVERY ACT FROM THE VILLAGE OFFICE, ALUVA, RECEIVED BY THE 1ST PETITIONER. EXT.P4 : PHOTOCOPY OF THE NOTICE ISSUED UNDER THE REVENUE RECOVERY ACT FROM THE VILLAGE OFFICE, ALUVA, RECEIVED BY THE 2ND PETITIONER. EXT.P5 : PHOTOCOPY OF THE JUDGMENT DTD. 15.1.2008 IN MFA 1135/02 FILED BY THE ORIENTAL INSURANCE CO. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.18070 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2011 J U D G M E N T The respondents 3 to 6 are claimants in O.P. (MV) No.1256/1995 before the Motor Accident Claims Tribunal, Ernakulam in which an award has been passed directing the petitioners herein to pay compensation to the respondents 3 to 6. Revenue recovery proceedings have been initiated against the petitioners for recovery of the award amount which is under challenge in this writ petition. At the time of admission, I directed the petitioners to pay an amount of Rs.50,000/-. It is submitted that the same has been paid. The respondents 3 to 6 submits that, the matter has been settled between the parties and the petitioners have paid the amounts after deducting Rs.50,000/- directed to be deposited, to the petitioners. They therefore submits that the writ petition may be closed with a direction to the respondents 1 & 2 to deposit the W.P.(C)No.18070 of 2011 -2- amount of Rs.50,000/- before the Tribunal so that they can approach the Tribunal for disbursal of that amount. Accordingly, the writ petition is disposed of with the following directions: The writ petition is closed as settled between the parties. Respondents 1 & 2 shall see that the amount, deposited by the petitioners as per the direction in this writ petition on 05.07.2011 as a condition for interim stay, is deposited before the MACT, Ernakulam within two weeks from the date of receipt of a copy of this judgment. The MACT shall disburse the said amount to the claimants as soon as the same is so deposited. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/