IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 W.P(C).No. 20153 of 2008(Y) ---------------------------------- PETITIONER: --------------- KUTTAPPAN, S/O.SANKUNNY, PULIPARAMBIL HOUSE, PARAKKAD VILLAGE, ARIMPUR (PO), THRISSUR DISTRICT. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENTS: ----------------- 1. THE DEPUTY TAHASILDAR (R.R),CHEMBUKAVU, THRISSUR-20, THRISSUR DT. 2. ORIENTAL INSURANCE COMPANY LTD., NEAR THIRUVAMPADY TEMPLE, THRISSUR, THRISSUR DT. BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 20153 OF 2008 - Y = = = = = = = = = = = = = = = Dated this the 8th July 2008 J U D G M E N T Petitioner was a respondent in O.P.(MV) No. 1320/08 before the MACT, Thrissur. In that O.P. award was rendered by the Tribunal on 28.12.2005, directing the insurance company to pay the compensation and giving it the liberty to recover the amount from the petitioner. On that basis, the insurance company having paid the compensation is seeking to recover the same from the petitioner by initiating revenue recovery proceedings evidenced by Ext. P1. Petitioner contends that he has already filed M.A.C.A. No. 1370 of 2008 against the award of the Tribunal, along with C.M. Application No. 1358/08 for condoning delay of 735 days in filing the appeal. It is stated that, before the appeal is considered if the amount is permitted to be recovered, grave prejudice will be caused to the petitioner. 2. I heard the Standing Counsel who entered appearance on W.P.(C) No. 20153 OF 2008 -2- behalf of the 2nd respondent Insurance Company. Having regard to the fact that the appeal filed by the petitioner is pending before this Court along with an application for condonation of delay, I direct that further proceedings pursuant to Ext. P1 will stand deferred for a period of 4 weeks from today and in the meanwhile, it will be open to the petitioner to seek appropriate orders from the appellate court. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-