IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 32490 of 2010(I) --------------------------------------- OPMV.891/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... PETITIONER(S): ----------------------- JOSHY, S/O.JOSEPH, VITHAYATHIL HOUSE, IROOR P.O., ATTUPURAM, ERNAKULAM. BY ADV. SRI.JIJO PAUL KALLOOKKARAN RESPONDENT(S): ------------------------- 1. UNITED INDIA INSURANCE CO. LTD., REP. BY ITS BRANCH MANAGER, THODUPUZHA BRANCH, THODUPUZHA, PIN-685584. 2. THE DEPUTY TAHSILDAR, PARAVUR TALUK OFFICE, NORTH PARAVUR, PIN-683513. 3. THE VILLAGE OFFICER, PUTHENVELIKKARA VILLAGE, PUTHENVELIKKARA P.O., PIN-683512. R1 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE R2 & R3 BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 32490 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 28th day of October, 2010 JUDGMENT The petitioner is challenging revenue recovery steps initiated pursuant to Ext.P2 notice. The amount sought to be recovered pertains to compensation awarded by the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV) No.891 of 2006. By virtue of the award, the 1st respondent was directed to pay compensation to the tune of Rs.25,000/- with interest due thereon at the rate of 9% per annum to the claimants in the case. But the respondent herein was given right to realize the same from the petitioner, who was the owner of the vehicle involved in the accident. The impugned revenue recovery steps were initiated pursuant to an Execution Petition filed by the 1st respondent for realizing the amount, which they have already paid to the claimants. 2. Contention of the petitioner is that, against the award, the petitioner has already approached the appellate W.P.(C) No. 32490/2010 2 court (this court) by filing M.A.C.A. No.2006 of 2010. It is stated that the above said appeal was filed along with application seeking condonation of delay of 192 days. It is further stated that, the appellate court had already issued notice on the delay condonation application and the matter is pending consideration before that court. It is further stated that I.A. No.2641 of 2010 was already filed in the said appeal seeking stay of operation of the award, pending disposal of the appeal. Under the above circumstances, the limited prayer of the petitioner is only for a direction to keep in abeyance further steps of recovery till the stay petition is considered by the appellate court. 3. Heard; Sri. Jacob Mathew learned counsel appearing for the 1st respondent. 4. Considering the facts and circumstances, I am of the view that further coercive steps of recovery can be directed to be kept in abeyance for a short period, facilitating the petitioner to seek appropriate relief from the appellate court. W.P.(C) No. 32490/2010 3 5. In the result, the writ petition is disposed of directing respondents 2 and 3 to keep in abeyance all further coercive steps initiated pursuant to Ext.P2 notices, for a period of two months, in order to facilitate the petitioner to seek appropriate orders from the appellate court in M.A.C.A. No.2006 of 2010. C. K. ABDUL REHIM, JUDGE. mn.