IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 15318 of 2011(L) ---------------------------------- PETITIONER(S): ------------------- A.S. VARGHESE, S/O. SOURI, AGED 57 YEARS ANTHIREPARAMBIL HOUSE, PATHIRAPPALLY, ALAPPUZHA. BY ADVS. SRI.V.MAHENDRANATH SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------------- 1. THE DEPUTY TAHSILDAR (REVENUE RECOVERY) AMBALAPPUZHA. 2. THE VILLAGE OFFICER, KOMALAPURAM VILLAGE OFFICE, ALAPPUZHA DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY, SHARATHA COMPLEX, MULLACKAL, ALAPPUZHA. R1 & R2 BY GOVT.PLEADER SRI.BIJOY CHANDRAN R3 BY ADV. SRI.S.ARUN RAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 15318/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE DATED NIL ISSUED BY THE 1ST RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. P2: COPY OF THE NOTICE DATED 03/03/2011 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 15318 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th day of July, 2011. J U D G M E N T The petitioner is aggrieved by the revenue recovery proceedings for recovery of amounts awarded by the M.A.C.T., Ernakulam in O.P. (MV) No.1119/2002. By that award, the Tribunal awarded compensation to the claimant in that O.P and permitted the Insurance Company to recover it from the petitioner, who is the owner of the vehicle. The petitioner submits that it was an ex parte award and the petitioner did not have an opportunity to challenge the award appropriately. He submits that he has already applied for a certified copy of the award and he seeks a breathing time either to file a petition to set aside the ex parte award or to file an appeal against the award appropriately. 2. I have heard the learned counsel for the petitioner , the learned Government Pleader and the learned counsel for the 3rd respondent-Insurance Company. 3. In view of the circumstances mentioned in the writ petition, I feel that the petitioner can be given one month's time to seek appropriate remedies against the award insofar as the claimant has already been paid the amount awarded. In the above circumstances, I direct the respondents to keep in abeyance further proceedings pursuant to Exts. P1 and P2 for a W.P(C) No. 15318 of 2011 -: 2 :- period one month to enable the petitioner to seek remedies against the award. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/