IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 WP(C).No. 29492 of 2010(J) -------------------------- PETITIONER: ------------------- ALEX MATHEW, S/O.MATHEW CHANDRANKUNNEL HOUSE, NELLUR DESOM MEENACHIL TALUK, KOTTAYAM. BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS: ---------------------- 1. THE DEPUTY TAHASILDAR REVENUE RECOVERY OFFICE PALAI, KOTTAYAM DISTRICT 686 575 2. KERALA STATE ROAD TANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR 695 001 3. MANAGING DIRECTOR, K.S.R.T.C THIRUVANANTHAPURAM 695 001 4. VILLAGE OFFICER, KADANADU VILLAGE MEENACHIL TALUK, KOTTAYAM 686 653 5. ADDL.R5 IMPLEADED -------------------------------- ADDL.R5 ANANDAN @ ANANDAKRISHNAN, S/O.CHAMIYAR, THEKKEPANAMKUTTY HOUSE, PERUVEMBU P.O., PALAKKAD; IS IMPLEADED AS PER ORDER DATED 19.10.10 IN IA. 13539/10 BY GOVERNMENT PLEADER, SRI.BEJOY CHANDRAN BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.29492 of 2010-J ---------------------------------------- Dated this the 10th day of November, 2010. J U D G M E N T The petitioner is a driver under respondents 1 and 2. Issue involved in this writ petition pertains to revenue recovery steps initiated against the petitioner pursuant to Ext.P1 notice, for realising amounts covered under Ext.P3 award passed by the Motor Transport Claims Tribunal, Palakkad in O.P(MV) No.931 of 2003. The accident in question occurred on 9.9.2003. A claim petition filed by the rider of the motor cycle before the Motor Accidents Claims Tribunal, Ottappalam in O.P(MV) No.1258 of 2004 was dismissed finding that there was no negligence on the part of the petitioner in causing the accident. However, the claim of the pillion rider in Ext.P3 award was accepted by the Motor Accidents Claims Tribunal, Palakkad and compensation to the tune of Rs.1,39,807/- along with interest was awarded. The revenue recovery steps was initiated pursuant to execution sought for by the claimant W.P(C) No.29492 of 2010-J 2 (additional fifth respondent impleaded in this writ petition). 2. The petitioner had produced Ext.P4, which is a copy of letter issued by the third respondent, to the first respondent, Deputy Tahsildar, requesting to defer from the recovery proceedings initiated against the petitioner on the premise that neither the petitioner nor respondents 2 and 3 are not liable for paying the amounts in view of the award passed by the Motor Accidents Claims Tribunal, Ottappalam. It is stated by the petitioner that respondents 2 and 3 are taking steps to set aside the ex-parte award passed under Ext.P3, and therefore direction was sought for to restrain the first respondent from proceeding with further steps of recovery. 3. Eventhough the claimant was impleaded as additional fifth respondent and notice was issued from this Court, he has not chosen to enter appearance or to contest the matter. Learned standing counsel appearing for respondents 2 and 3 had submitted that they were set exparte in Ext.P3 award and that they have already approached the Motor Accidents Claims Tribunal, Palakkad W.P(C) No.29492 of 2010-J 3 by filing I.A.No.1532 of 2010 seeking to set aside the ex- parte award. It is submitted that since another Tribunal had already issued an award finding that the petitioner was not negligent in causing the accident, there is every chance of the Tribunal in reconsidering the matter. However, it is submitted that I.A filed seeking to set aside ex-parte award now stands posted before the Tribunal on 18.12.2010. 4. Under the above circumstances, I am of the view that the recovery steps now initiated against the petitioner can be directed to be kept in abeyance for a reasonable period, in order to facilitate the respondents 2 and 3 to seek appropriate relief from the Tribunal by pursuing remedies under the petition already moved before that Tribunal for getting the ex-parte award set aside. 5. In the result the writ petition is disposed of directing the first respondent to keep in abeyance all further coercive steps of recovery pursuant to Ext.P1 notice for a period of two months from today. C.K.ABDUL REHIM JUDGE