IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 30444 of 2011(E) ---------------------------------- PETITIONER(S): ------------------- A.KUNHIMOHAMMED, S/O. ALAVI, AGED 57 YEARS, PALLIKKARA HOUSE, POST IKKARAPPADI, VIA. PULIKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): -------------------- 1. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY), REVENUE RECOVERY SECTION, ERNAD-MANJERI, MALAPPURAM DISTRICT-676505. 2. ICICI LAMBARD, GIC LIMITED, CITY PLAZA, SECOND FLOOR, YMCA CROSS ROAD, CALICUT-673001. 3. HAMZA, S/O. MOIDEENKUTTY, PULIYARAMMAL HOUSE, RAROTH, KORANGAD, THAMARASSERY POST-673573, KOZHIKODE DISTRICT. 4. PATHUMMA, W/O. HAMZA, DO-DO- R1 BY GOVT. PLEADER SMT. P.A. RAZIYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2011, ALONG WITH WPC. NO.30445/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 30444/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF SALE AGREEMENT DATED 05/08/2005 ENTERED INTO BETWEEN THE PETITIONER AND ONE SIBI. P2: COPY OF REVENUE RECOVERY NOTICE (R2 423/MACT/11-12) DATED 19/08/2011 ISSUED BY THE RESPONDENT TO THE PETITIONER. P3: COPY OF ORDER OF ATTACHMENT (NO.R2-423/MACT/11-12 & R2 425/MACT/11-12) DATED 28/10/2011 ISSUED BY THE 1ST RESPONDENT. P4: COPY OF AWARD DATED 13/09/2010 IN OP(MV) NO.287/08 PASSED BY MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA. P5: COPY OF I.A. NO.3909/2011 DATED 10/11/2011 FILED BY THE PETITIONER IN OP(MV) NO.287/2008 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA FOR CONDONING THE DELAY IN FILING THE PETITION FOR SETTING ASIDE AWARD. P6: COPY OF I.A. NO.3910/2011 DATED 10/11/2011 FILED BY THE PETITIONER IN OP(MV) NO.287/2008 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA FOR SETTING ASIDE AWARD PASSED AGAINST THE PETITIONER. P7: COPY OF I.A. NO.3911/2011 DATED 10/11/2011 FILED BY THE PETITIONER IN OP(MV) NO.287/2008 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA FOR STAYING THE REVENUE RECOVERY PROCEEDINGS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos. 30444 & 30445 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of November, 2011 J U D G M E N T In these two writ petitions, the petitioner is the same. He is the owner of a motor vehicle which was involved in an accident. The legal heirs of the persons deceased in the accident filed O.P. (M.V.) Nos.287 & 389/2008. Ex-parte awards were passed in those claims by the Motor Accident Claims Tribunal, Vatakara. In the same, the insurance company has been exonerated. But they were directed to pay the compensation amount and were permitted to recover the same from the petitioner. Revenue recovery proceedings have been initiated at the instance of the insurance company. In the meanwhile, the petitioner filed applications before the Tribunal for setting aside the ex parte award with applications to condone delay in filing the same. The petitioner challenges the revenue recovery proceedings during the pendency of the said applications. W.P.(C)Nos. 30444 & 30445 of 2011 -2- 2. I have heard the counsel for the petitioner, the learned Government Pleader and the counsel for the 2nd respondent. I am of opinion that, it is only appropriate that the Tribunal considers and passes orders on Exs.P5 to P7 applications filed by the petitioner in both writ petitions, expeditiously. Accordingly these writ petitions are disposed of with a direction to the Motor Accident Claims Tribunal, Vatakara, to consider and pass orders on Exts.P5 to P7 in both writ petitions, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Till then, the revenue recovery proceedings for recovery of the amounts from the petitioner shall be kept in abeyance. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/