IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25163 of 2009(M) -------------------------- PETITIONERS: --------------- 1. A.V.JOY, S/O.LATE VAREED, AGED 49 YEARS, AREECKAL HOUSE, MEKKAD P.O. 2. LEELA, W/O.SKARIAH (LATE), AGED 53 YEARS, AREECKAL HOUSE, MEKKAD P.O. 3. MILKAMMA THOMAS, W/O.THOMAS (LATE), AGED 47 YEARS, AREECKAL HOUSE, WARD NO.3, NEDUMBASSERY PANCHAYATH, ANGAMALY. BY ADV. MR. REJI GEORGE MS. MANJU RAJAN MR. T.U.VINOD MR. K.S.ARUN BABU RESPONDENT: --------------- THE DEPUTY TAHSILDAR (RR), ALUVA. BY SENIOR GOVERNMENT PLEADER MR. P.K. BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 25163 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 28th day of August, 2009 JUDGMENT The petitioners are claimants before the MACT, Perumbavoor claiming compensation in respect of injuries sustained by them, while traveling as passengers in the concerned vehicle and also in the capacity as the legal heirs of the deceased passenger. At the time of filing the said cases, the petitioners were exempted from paying the court fee, as provided under Rule 397 (2) of Kerala Motor Vehicles Act. Later, the said cases were dismissed, as per Ext. P1 common Award, which has been subjected to challenge by filing separate appeals before this Court as borne by MACA Nos. 2197 of 2008, 2102 of 2008, 2101 of 2008, 3095 of 2008, 2960 of 2008 and 3096 of 2008. 2. The case of the petitioners is that, without any regard to the pendency of the said proceedings, the respondents are proceeding with the coercive steps, seeking to realize the amount allegedly due from the petitioners towards the court fee payable as ordered vide Ext.P1 Award, which is under challenge in the present Writ Petition. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, particularly in view of the fact that, the appeals challenging Ext. P1 Award are pending before WP (C) No. 25163 of 2009 : 2 : this Court, it is made clear that, all further coercive proceedings pursuant to Exts. P2 to P7 notices issued under the Kerala Revenue Recovery Act, for realization of the court fee from the petitioners, shall be kept in abeyance, till finalization of the appeals as aforesaid. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd