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. 18469 of 2008(W) ---------------------------------- OPMV.3654/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .............................................. PETITIONER: -------------- THANKAMMA CHERIAN W/O CHERIAN, KOTTAYIL HOUSE, KODAKARA, CHALAKKUDY. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENTS: ----------------- 1. DEPUTY TAHSILDAR (REVENUE RECOVERY), MUKUNDAPURAM TALUK, OFFICE OF THE DEPUTY TAHSILDAR, MUKUNDAPURAM 2. BIJOY S.O JOSE, THANGYAKAL HOUSE, KALLETTUMKARA, THRISSUR. 3. THE ORIENTAL INSURANCE, CO. LTD., BRANCH OFFICE, CITY HEIGHTS BUILDINGS, CHALAKUDY. 4. P.D. JOY, PULLOKARAN HOUSE, ELINJIPRA. BY ADV. MATHEWS JACOB(SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 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. 18469 OF 2008 - W = = = = = = = = = = = = = = = Dated this the 8th July 2008 J U D G M E N T Revenue recovery proceedings have been initiated against the petitioner by Exts. P2 and P2(a). On the basis that the petitioner was the registered owner of the vehicle involved in an accident, she was arrayed as respondent No. 2 in O.P. 3654/2000 which was filed by the claimant therein for damages. Before the MACT, the petitioner remained ex parte. Ultimately Ext. P3 award was passed. By this award the Tribunal directed the Insurance Company to pay the amount to the claimant and gave it the liberty to recover the amount from the petitioner. It is in pursuance to that, the amount paid by the Insurance Company is sought to be recovered from the petitioner by Exts. P2 and P2(a) notices. 2. The writ petition challenging Exts. P2 and P2(a) is filed contending that the petitioner is taking steps to get the ex parte order set aside before the Tribunal itself. It is now informed that W.P.(C) No. 18469 OF 2008 -2- the petitioner has already filed I.A. 5653/08 for setting aside the ex parte order and I.A. 5654/08 for getting the delay in filing the above I.A. condoned. 3. I heard the Senior Counsel who appeared for the 3rd respondent. 4. Since the petitioner has already approached the Tribunal wit the aforesaid applications seeking for condonation of delay and getting the ex parte order set aside, I feel, it is only reasonable that the recovery proceedings initiated against her by Exts. P2 and P2(a), should be deferred until orders are passed by the Tribunal in the aforesaid interlocutory applications. Accordingly, it is directed that the recovery proceedings initiated by Exts. P2 and P2(a) will stand deferred, till orders are passed by the Tribunal in I.A. Nos. 5653 & 5654/08 in O.P.(MV) No. 3654/2000. 5. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the 1st respondent for information and compliance. ANTONY DOMINIC JUDGE jan/-