IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 31142 of 2011(P) -------------------------- OPMV. 2208/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... PETITIONER(S): ---------------------- 1. I. C. VENUGOPAL, ILLATHUPARAMBIL HOUSE, S. R. M. ROAD, ERNAKULAM, KOCHI -18. 2. I. C. KALYANA SUNDARAM, ILLATHUPARAMBIL HOUSE, S. R. M. ROAD, ERNAKULAM, KOCHI - 18. BY ADVS. SRI. M. SHAJU PURUSHOTHAMAN SRI. K. S. RAJESH RESPONDENT(S): ------------------------ 1. STATE OF KERALA REP. BY THE SECRETARY, DEPARTMENT OF REVENUE SECRETARY, THIRUVANANTHAPURAM - 695 001. 2. THE DEPUTY TAHSILDAR (RR), OFFICE OF THE SPECIAL TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM, KOCHI - 682 018. 3. THE GENERAL MANAGER, DEPARTMENT OF TELECOMMUNICATIONS, TRANSMISSION PROJECT, 38/2265-D, 2ND FLOOR, CHITTOOR ROAD, ERNAKULAM, KOCHI II, NOW AT AYYAPPANKAVU TELEPHONE EXCHANGE COMPLEX, ERNAKULAM NORTH P.O., KOCHI - 18. 4. THE CHIEF GENERAL MANAGER, BSNL, KERALA CIRCLE, THIRUVANANTHAPURAM - 695 001. R1 & R2 BY GOVT. PLEADER SRI. S. JAMAL R3 & R4 BY ADV. SRI. MATHEWS K. PHILIP, SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN WP(C).No. 31142 of 2011(P) APPENDIX PETITIONER(S) EXHIBITS EXT. P1 : COPY OF THE AWARD IN OP(MV) 2208 OF 1998 DT.3.6.2005. EXT. P2 & P2A : COPIES OF THE LETTER AND DIALYSIS LOGS DT. 10.5.2011. EXT. P3 : COPY OF THE REPRESENTATION DT. 30.7.2010. EXT. P4 : COPY OF THE RECEIPT DT. 30.7.2010. EXT. P5 SERIES : COPIES OF NOTICES ISSUED UNDER REVENUE RECOVERY ACT DT. 10.11.2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE PN S.SIRI JAGAN, J. ================== W.P.(C).No. 31142 of 2011 ================== Dated this the 28th day of November, 2011 J U D G M E N T The petitioners are judgment-debtors in O.P(MV.).No.2208/1998 on the files of the Motor Accidents Claims Tribunal, Ernakulam, who passed Ext.P1 award, as early as on 3.6.2005, directing the petitioners to pay the amounts covered by that award to respondents 3 and 4. The petitioners have not paid that amount. The respondents have initiated revenue recovery proceedings for recovery of that amount, which is under challenge in this writ petition. The petitioners do not dispute the liability to pay or the quantum. They only seek a direction to respondents 3 and 4 to consider waiver of interest and permit the petitioners to pay off the amounts due in instalments. 2. This is opposed by the learned Standing Counsel appearing for respondents 3 and 4. 3. Having heard the learned Government Pleader and the learned counsel for respondents 3 and 4 also, I dispose of this writ petition with the following directions: The respondents shall permit the petitioners to pay off the amounts due in ten equal monthly instalments starting from 2.1.2012. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on the w.p.c.31142/11 - : 2 :- due dates without default, further proceedings for recovery of the amount shall be kept in abeyance. If the petitioners pay the instalments on the due dates, the 4th respondent shall consider Ext.P3 representation filed by the 2nd petitioner in this regard and pass orders within one month of paying the first instalment on 2.1.2012. If the petitioners commit default in payment of any one instalment, the petitioners will not be entitled to the benefit of this judgment and it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge