IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 10300 of 2008(A) -------------------------- PETITIONER: ------------ R.SHIBU, S/O.RAGHAVAN, PUDUKUZHI HOUSE, KODUNTHIRAPULLY, PIRAYIRI, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. TAHSILDAR (R.R), PALAKKAD. 3. P.A.GOPALAKRISHNAN, S/O.APPUKUTTAN, PUTHANVEEDU, PIRAYIRI, PALAKKAD. BY G.P. SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.10300 of 2008 ================== Dated this the 27th day of March, 2008 J U D G M E N T The petitioner is the opposite party in W.C.C.No.206/2004 filed by the third respondent herein. Notice was issued to the petitioner herein in the W.C.C. The same was accepted by a family member of the petitioner on his behalf, since petitioner was out of station in connection with his employment. However, the petitioner did not appear, since he was not informed of the receipt of the notice, the family members being unaware of the consequences, as they were illiterate. Therefore, the Workmen's Compensation Commissioner passed Ext.P1 order ex parte finding that the third respondent herein is entitled to an amount of Rs.57,830/- with interest at the rate of 12 per cent thereon as compensation for injuries suffered in course of employment. Since Ext.P1 order was passed ex parte, the petitioner filed Ext.P2 petition for setting aside the ex parte order. In the meanwhile, by Exts.P3(a) and P3(b), revenue recovery proceedings have been initiated for recovery of the said amounts from the petitioner. The petitioner submits that the petition filed by the w.p.c.10300/08 2 petitioner is posted to 3.4.2008 and it would be unjust to recover the amounts from the petitioner in the meanwhile. 2. I am of opinion that the third respondent should not be dragged to this court for deciding this case. At the same time, I am not inclined to consider the claim of the petitioner without any condition. Accordingly, this writ petition is disposed with the following directions: If the petitioner deposits the amount of Rs.57,830/- with the Workmen's Compensation Commissioner, Thrissur, further recovery proceedings pursuant to Exts.P3(a) and P3(b) shall be kept in abeyance till the Workmen's Compensation Commissioner passes orders on Ext.P2. On such deposit, the Workmen's Compensation Commissioner shall consider and pass orders on Ext.P2 petition in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The petitioner shall be ready with the case as and when the same is taken up. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.10300/08 3