IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 WP(C).No. 10282 of 2011(I) -------------------------- PETITIONER:- ------------------ VIJAYAKUMAR, ADVOCATE, S/O. NALINI, AGED 26 YEARS, VIJAYABHAVAN, PUTHENSANKEETHAM, KOVILA P.O., THEVALAKKARA, KOLLAM DISTRICT. BY ADV. SRI.NOBLE MATHEW RESPONDENTS:- --------------------- 1. M/S. NATIONAL INSURANCE CO. LTD., THIRUVANANTHAPURAM DIVISIONAL OFFICE, 2ND FLOOR, KESAVA TOWERS, GANDHARI AMMAN KOVIL ROAD, PULIMOODU, THIRUVANANTHAPURAM-1. 2. THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE NO.1, THAKARAPARAMBU ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM-23. 3. R.RATHEESH RAVEENDRAN, S/O. RAVEENDRAN, "DWARAKA", PALACE ROAD, THANKASSERY, KOLLAM-7. 4. SABEER A., S/O. ABDUL JABBAR, PLAVILAPUTHEN VEEDU, VAZHIMUKKU, POOVAR ROAD, (VIA) BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. 5. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), KARUNAGAPPALLY. ADV.SRI.RAJAN P.KALIYATH FOR R1 ADV. SRI.A.R.GEORGE FOR R2 GOVT.PLEADER SRI.BIJOY CHANDRAN FOR R5. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. = = = = = = = = = = = = = WP(C).No.10282 of 2011-I. = = = = = = = = = = = = = Dated this the 6th June, 2011. J U D G M E N T Petitioner herein is the 1st respondent before the Motor Accidents Claims Tribunal, Neyyattinkara in OP(MV) No.190/2002. By virtue of Ext.P2 Award, the Tribunal allowed compensation to the claimant therein, who is the 4th respondent herein, to the extent of ` 1,66,210/- along with interest. Petitioner herein was directed to make the payment of the compensation amount by drawing cheque in the name of the claimant. Since petitioner had failed to make payment as directed, execution steps were initiated at the instance of the 4th respondent herein. Ext.P4 herein is a demand notice issued by the 5th respondent under the Kerala Revenue Recovery Act. 2. Contention of the petitioner is that, another claim petition arising out of the very same accident was disposed of by the Motor Accidents Claims Tribunal, Kollam wherein WP(C).No.10282 of 2011-I. 2 the insurer of the Bus, which was involved in the accident, was held liable for payment of compensation. However, aggrieved by Ext.P2 award, the petitioner had filed appeal before this court as MACA.No.666/2010. According to learned counsel for the petitioner, the said appeal was filed along with an application seeking condonation of delay and this court has already issued notice on the delay condonation application. Under such circumstance, petitioner seeks interfere of this court to restrain the revenue recovery steps till the petitioner could move the stay petition before the appellate court. 3. In spite of service of notice from this Court the 4th respondent has not appeared and chosen to contest the matter. Since the petitioner had already filed appeal against Ext.P2 Award, it is for him to seek interim relief from the appellate court. But it is contended that the petitioner could not seek such remedy since the delay has not been condoned. Therefore, interest of justice will be WP(C).No.10282 of 2011-I. 3 served if the coercive steps of recovery is stayed for a reasonable time in order to facilitate the petitioner to seek such remedy. 4. In the result, the writ petition is disposed of directing the 5th respondent to keep in abeyance all further coercive steps of recovery which is initiated pursuant to Ext.P4 for a period of three months from today, in order to facilitate the petitioner to seek interim relief from the appellate court as observed above. C.K.ABDUL REHIM, (Judge) Kvs/-