IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 34195 of 2010(Y) --------------------------------------- PETITIONER(S): ----------------------- 1. JOHNY K.V., KALAREEKKAL HOUSE, PARAPPURAM (PO), KANJOOR, KIZHAKKUMBAGAM VILLAGE, ERNAKULAM. 2. DAVIS, S/O.DEVASSYKUTTY, VAZHAPPILLY HOUSE, PARAPPURAM KARA, KANJOOR, KIZHAKKUMBAGAM VILLAGE, ERNAKULAM. BY ADVS. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.P.S.BASTIN RESPONDENT(S): -------------------------- 1. THE SPECIAL TAHSILDAR (REVENUE RECOVERY) OFFICE OF THE SPECIAL TAHSILDAR (REVENUE RECOVERY), ALUVA, ERNAKULAM.PIN-683 101 2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY) OFFICE OF THE SPECIAL TAHSILDAR (REVENUE RECOVERY), ALUVA, ERNAKULAM.PIN-683 101 3. THE NEW INDIA ASSURANCE CO.LTD. REPRESENTED BY ITS MANAGER, THRIPRAYAR (PO), NATTIKA, THRISSUR - 680 566. 4. KUTTAPPAN K.K., S/O.KUNJIKANNAN, KUTHU KALLUNGAL HOUSE, S.VELLARAPPILLY, SREEMOOLANAGARAM VILLAGE, ERNAKULAM.PIN- 683 101 R1 & R2 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM, J ........................................... WP(C).NO.34195 OF 2010 ............................................ DATED THIS THE 16TH DAY OF NOVEMBER,2010 JUDGMENT The petitioners are respectively the registered owner and driver of a vehicle which involved in a motor vehicle accident in which the fourth respondent was injured. By virtue of Ext.P2 award of the Motor Accidents Claims Tribunal(MACT), Perumbavoor, a sum of Rs.1,08,350/- along with 9% interest was awarded to the fourth respondent. Tribunal found that the petitioners are liable for payment of the amount awarded. However, the third respondent was directed to make payment of the award amount with liberty to realise the same from the petitioners. The liability of the petitioners was fixed on the basis of the finding that the second petitioner was not holding a valid driving license at the relevant time of the accident. According to the petitioners, they were exparte in the proceedings before the Tribunal. Recovery steps have now been initiated on issuing Exts.P3 and P4 notices under the Kerala Revenue Recovery Act for realising the amount from the petitioners, pursuant to an application filed by third Wpc 34195/2010 2 respondent before the Tribunal. 2. The contention of the petitioners is that the second respondent was holding valid driving license and it was only because they were set exparte in the proceedings, the said fact would not be brought to the notice of the Tribunal. However, it is stated that the petitioners have filed Ext.P5 petition to set aside the award along with a petition seeking condonation of delay as per Ext.P6. It is stated that Ext.P5 and Ext.P6 petitions are already registered by the MACT as I.A.Nos.3533 of 2010 and 3532 of 2010 respectively. The grievance of the petitioners is that now coercive steps are being pursued for regularisation of the account pursuant to Exts.P3 and P4 without pending consideration of the matter pending before the Tribunal. Hence the petitioner seeks direction to restrain the recovery steps till the Tribunal passes orders on the petition to set aside the award. 3. Heard the learned standing counsel appearing for the third respondent. Considering the facts and circumstances, I am of the view that interest of justice will be served on issuing a direction to the Tribunal to expedite disposal of Exts.P5 and P6 and till then to restrain Wpc 34195/2010 3 recovery steps. 4. Therefore, writ petition is disposed of directing MACT, Perumbavoor to consider and pass orders on IA.Nos.3533 of 2010 and 3532 of 2010 in O.P(MV) 1335 of 1999 as early as possible and at any rate, within a period of two months from the date of receipt of a copy of this judgment. The respondents 1 and 2 are directed to keep in abeyance further coercive steps of recovery pursuant to Exts.P3 and P4 notices in abeyance for a period of three months from today. C.K.ABDUL REHIM, JUDGE lgk