IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 33270 of 2009(C) -------------------------- OP(MV).1656/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... PETITIONER: --------------- P.ABDUL RAHIMAN, S/O.AHAMMED, 37 YEARS, SHAMEER MANZIL, SIVAPURAM P.O., VIA.MATTANNUR, KANNUR. BY ADV. SRI.P.C.SASIDHARAN SRI.E.S.ASHRAF RESPONDENTS: --------------- 1. ABDUL JABBAR, S/O.ABDU, KOLARI, PORORA, THALASSERY. 2. UNITED INDIA INSURANCE COMPANY, THALASSERY BRANCH, REPRESENTED BY ITS MANAGER JUBILEE SHOPPING COMPLEX, THALASSERY. 3. K.SAMAD, S/O.MAMMU, KOLARI, KALLUR, THALASSEY. 4. KOZHUKUMON DEVI, W/O.LATE KOTTARON GOPALAN NAMBIAR, PADIYOOR P.O., IRITTY. 5. KOZHUKUMON SHANTHA, D/O.GOPALAN NAMBIAR, -DO- -DO- 6. KOZHUKUMON GIRIJA, D/O.-DO- -DO- 7. THE TAHSILDAR (REVENUE RECOVERY), OFFICE OF THE TAHSILDAR (RR) THALASSERY. ADV. SRI.JOHN JOSEPH VETTIKAD FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : AGREEMENT OF SALE ENTERED INTO BETWEEN THE PETITIONER AND THE 3rd RESPONDENT DTD.02-04-1997 EXHIBIT P2 : NOTICE ISSUED BY THE 1st RESPONDENT DTD.07-08-2009 EXHIBIT P3 : DEMAND NOTICE PRIOR TO ATTACHMENT OF PROPERTY DTD.07-08-2009 EXHIBIT P4 : JUDGMENT IN W.P.C.NO.24554/2009 DTD.26-08-2009 EXHIBIT P5 : I.A.NO.3887/2009 FILED TO ADVANCE THE HEARING DTD.16-10-2009 RESPONDENTS EXHIBITS:NIL THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.33270 of 2009 --------------------------------------- Dated this 27th day of May, 2010 JUDGMENT Petitioner was the registered owner of a motor vehicle which met with an accident. He was impleaded as respondent in O.P. (M.V.)No.1656 of 2001 of the Motor Accidents Claims Tribunal, Thalassery. In that claim petition, an award was passed in favour of the injured making respondent No.2/insurer of the vehicle liable to deposit the amount but, giving itright of recovery of the amount from petitioner after deposit. Aggrieved by the award, petitioner approached this court in W.P.C.No.24554 of 2009. This court as per Ext.P4, order dated 26-08-2009 held that remedy of petitioner is either by way of appeal under section 173 of the Motor Vehicles Act or a review of the award by which the right of recovery was given to respondent No.2. Pursuant to that judgment, petitioner has tried his luck by filing an application for review of the award in O.P.(M.V.)No.1656 of 2001. Learned counsel for respondent No.2 states that the review petition is now posted on 24-09-2010. Complaint of petitioner is that even before disposal of the petition for review, respondent No.2 is taking steps for recovery of the amount from the petitioner. Hence this petition for a direction to W.P.C.No.33270 of 2009 : 2 : respondent No.2 to keep in abeyance steps for recovery of the amount till disposal of the review petition filed by petitioner in O.P. (M.V.)No.1656 of 2001. 2. Since petition for review is pending it is only just and proper that until that review petition is disposed of recovery proceedings are not initiated against petitioner. This court on 19- 11-2009 had issued an order of interim stay. Having regard to the facts and circumstances, I am inclined to direct that the stay against recovery proceedings pursuant to Exts.P2 and P3 will stand in abeyance till petition for review in O.P.(M.V.)No.1656 of 2001 preferred by the petitioner is disposed of. In the meantime, petitioner shall not alienate or encumber his immovable property. Resultantly this writ petition is disposed of in the following lines. (i) Recovery proceedings initiated against petitioner by respondent No.2 pursuant to the award in O.P.(M.V.)No.1656 of 2001 of the Motor Vehicles Claims Tribunal, Thalassery will stand in abeyance till the review petition filed by petitioner in the said case is disposed of. (ii) It is directed that during the said time, petitioner shall not alienate or transfer in any other mode or encumber the immovable property belonging to him. W.P.C.No.33270 of 2009 : 3 : (iii) Motor Accidents Claims Tribunal, Thalassery is directed to expedite disposal of the review petition filed by the petitioner herein in O.P.(M.V.)No.1656 of 2001. (THOMAS P JOSEPH, JUDGE) Sbna/-