IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 24845 of 2009(A) -------------------------- AGAINST THE ORDER IN EP 23/08 IN MACA.2074/1980 of DISTRICT COURT, KALPETTA .................... PETITIONER(S): --------------- P.JWALINI DEVI ADDWA, W/O.LATE VEERACHANDRAN GOWDER, PUTHIYEDATH, VEMOM AMSOM, MANANTHODDY. BY ADV. SRI.V.RAJAGOPAL SRI.G.MOHAN RESPONDENT(S): --------------- 1. K.PATHUMMA, W/O.ABDUL RAHMAN, PANNIKADAN HOUSE, VEMOM AMSOM, KUZHINILAM, WYNAD DISTRICT. 2. ASMA BEEVI, D/O.PANNIKODAN ABDULRAHMAN, VEMOM AMSOM, WYNAD DISTRICT. 3. SAMMATH, D/O.PANNIKODAN ABDULRAHMAN OF -DO- 4. MUSTHAFA, S/O. -DO- -DO- 5. P.V.SREENIKA KUMAR, S/O.VEERACHANDRAN GOWDER, PUTHIYEDATH VEMOM AMSOM, MANANTHAVADY. 6. P.V.SREYAN SUJAYIN, D/O. -DO- -DO- 7. RAJAN, C/O.VEERACHANDRA GOWDER, VEMOM, MANANTHODY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 24845 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th September, 2009. J U D G M E N T The petitioner is the widow of late Sri. Veerachandra Gowder. A motor vehicle owned by the said Veerachandra Gowder met with an accident on 27-9-1979. In that accident, one Mr. Abdul Rahman died. The widow and children of Mr. Abdul Rahman, who are the respondents 1 to 4 herein, filed O.P (MV) No. 2074/1980 before the M.A.C.T., Kozhikode, who awarded compensation for the death of Mr. Abdul Rahman, which was to be paid by Sri. Veerachandra Gowder. Appeals were filed before this Court against the award, which were dismissed. Appeal before the Supreme Court also did not meet with success. Thereafter, the claimants filed E.P.No. 23/2008 for recovery of the compensation amount with interest. In the meanwhile, Sri. Veerachandra Gowder died. The Tribunal proceeded against the estate of the deceased owner of the vehicle and attached the properties. That attachment order is challenged before me at the instance of the widow of Sri. Veerachandra Gowder, the petitioner herein. 2. The contention raised by the petitioner is that the petitioner is not the only legal heir of Sri. Veerachandra Gowder and therefore the execution proceedings are bad for want of non-joinder of parties. It is further contended that the property proceeded against is the house where the petitioner is residing and when other properties are available as estate of the deceased, there is no reason why that part of the estate, wherein the petitioner is residing, should be proceeded against. 3. I have considered the contentions of the petitioner. 4. It is not disputed before me that the property proceeded against is part of the estate of the deceased Veerachandra Gowder. If that be so, the petitioner cannot have any objection regarding W.P.C. No. 24845/2009 -: 2 :- proceeding against the property. The fact that other properties are also available as estate of the deceased is no ground to hold that the proceedings for attachment against this particular property, which is also part of the estate of the deceased, is bad. Insofar as the other legal heirs have not chosen to challenge the proceedings for attachment, the petitioner cannot raise objections on the ground that the other legal heirs have not been impleaded in the proceedings. 5. The accident occurred in 1979. 21 years have passed by. The legal heirs of the deceased are yet to get the compensation awarded. It would be a travesty of justice if the recovery of compensation amount is delayed any further. Therefore, I am not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India in favour of the petitioner. Accordingly, the writ petition is dismissed. The registry shall re-transmit the records of E.P.No. 23/2008 back to the Tribunal forthwith. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.