IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 20290 of 2011(I) ----------------------------------- PETITIONER(S): ---------------------- SATHYAN, S/O.RAMAN, AGED 49 YEARS, KOMOTHU HOUSE, KARUPPUMPADY, VAIKKALA P.O., RAYAMANGALAM P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ SRI.M.M.ABDUL RAHIMAN RESPONDENT(S): -------------------------- 1. THE VILLAGE OFFICER, RAYAMANGALAM VILLAGE, MOOVATTUPUZHA TALUK, ERNAKULAM DISTRICT- 686 661. 2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, KUNNATHUNADU PERUMBAVUR, ERNAKULAM- 683 542. 3. THE DISTRICT COLLECTOR, ERNAKULAM, PIN-682030. 4. NATIONAL INSURANCE COMPANY LIMITED, MULLAPPILLY BUILDING, PERUMBAVUR REPRESENTED BY ITS BRANCH MANAGER.683 542. R1 TO R3 BY GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.20290/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REVENUE RECOVERY NOTICE DTD. 2.7.2011 ISSUED BY THE SECOND RESPONDENT THROUGH FIRST RESPONDENT. P2:- COPY OF THE AWARD DTD. 6.2.2010 IN OP(MV) 502/2006 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MOOVATTUPUZHA. P3:- COPY OF THE REPRESENTATION DTD. 20.7.2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.20290 OF 2011 ---------------------------------------------- Dated this the 26th day of July, 2011 JUDGMENT The petitioner challenges recovery proceedings initiated by respondents 1 to 3 for recovery of amounts as per Ext.P2 award of the Motor Accidents Claims Tribunal, Muvattupuzha. In Ext.P2 award, the petitioner was found liable for payment of compensation to the injured in an accident involving a motor vehicle, of which the petitioner is the registered owner. In the award, the Motor Accidents Claims Tribunal absolved the Insurance Company from liability to pay the compensation amount. It is under such circumstances, the proceedings have been initiated to recover the award amount from the petitioner. According to the petitioner, the petitioner was not aware of the award and he intends to challenge the award in an appeal. He wants a breathing time to do that. Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to respondents 1 to 3 W.P.(C)No.20290/11 2 to give the petitioner one month's time to pay the amount. This would be without prejudice to the right of the petitioner to challenge Ext.P2 award appropriately, if he can do so at this point of time. The above direction would also be subject to the orders, if any, in the appeal to be so filed, if passed within the said period of one month. S. SIRI JAGAN, JUDGE acd W.P.(C)No.20290/11 3