IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 28586 of 2009(P) -------------------------- PETITIONER(S): --------------- PEETHAMBARAN, S/O. KANNAN, AGED 83 YEARS, ELENJICKAL HOUSE, THATTAKUZHA, IDUKKI DISTRICT. BY ADV. SRI.E.D.GEORGE RESPONDENT(S): --------------- 1. DEPUTY TAHSILDAR(RR) THODUPUZHA. 2. NATIONAL INSURANCE CO., REP. BY MANAGER, PULIMOOTTIL SHOPPING ARCADE, MUVATTUPUZHA, THODUPUZHA. 3. BABY S/O. MATHEW, PUTHENPURACKAL HOUSE UDAMBANNOOR VILLAGE, THODUPUZHA. 4. THOMAS PEMBLARICKAL, KURUMBALAMATTOM, KARIMMANNUR, THODUPUZHA. R1 BY GOVT.PLEADER SRI. MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 28586 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2009 J U D G M E N T 1. Petitioner is aggrieved by revenue recovery steps initiated against him under Ext.P2 & P3 notices, for realizing amounts covered under the award in O.P. (M.V.) No. 1074/2003 of Motor Accident Claims Tribunal, Thodupuzha. Petitioner was implicated as 2nd respondent in the above said claim petition, on the premise that he was the owner of the vehicle involved in the accident. At the same time the 3rd respondent herein was also implicated as 4th respondent in the said claim petition, in the capacity as owner. According to the petitioner the vehicle in question was transfered much prior to the accident, to the 3rd respondent herein. In fact registered ownership also stood transfered as on the date of accident. The petitioner was having no knowledge about the accident and about filing of the claim before the Tribunal. According to the petitioner he had not received any notice from the Tribunal and in the W.P.(C)No. 28586 of 2009 -2- award he was set exparte. He came to know only when the notice of recovery was received, is the contention. It is stated that the petitioner had already filed application for getting certified copy of the Award and he is proposing to file appeal against the Award. Limited prayer of the petitioner to keep in abeyance all recovery steps, in order to facilitate him to prefer an appeal against the award. 2. I am of the opinion that a breathing time can be granted in this regard to facilitate the petitioner to prefer appeal before this court and seek appropriate remedy. 3. In the result the writ petition is disposed of directing the respondents to keep in abeyance all further steps initiated pursuant to Exts.P2 & P3 notices for a period of two months from today in order to facilitate the petitioner to obtain certified copy of the award and move in appeal against the award. C.K. ABDUL REHIM JUDGE shg/