IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29106 of 2008(M) ------------------------------------------------ PETITIONER: ------------------- A.T.MOHAMMEDKUTTY,S/O. ALAVI YEE TEE CEE CO,TOBACCO & TEA DEALER IRITTY, KEEZHOOR, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.GEORGE MATHEWS RESPONDENTS: ----------------------- 1. THE TAHSILDAR, REVENUE RECOVERY, THALASSERY. 2. P.P.DAMODARAN, S/O. KELU NAIR PUTHENPURAYIL HOUSE, P.O.VALLIYAYI, THALASSERY TALUK, KANNUR DISTRICT. 3. THAYIL SAJEER, S/O. MOOSA KARIKUNNUMAL HOUSE, KODIYERI, KANNUR DISTRICT. 4. P.P.SUBAIR, S/O. P.K.HASHIM PUTHIYAPURAYIL HOUSE, NEERVELI P.O. NIRMALAGIRI (VIA) KANNUR DISTRICT. R1 BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN ADV. SRI.K.RAJESH SUKUMARAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C). NO.29106 OF 2008 M PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE PARTICULARS OF REGISTRATION CERTIFICATE DATED 2.9.2008 ISSUED BY THE ADDL. REGISTERING AUTHORITY, THALASSERY. EXT.P2TRUE COPY OF THE AWARD DATED 11.5.2007 IN OP (MV) NO.295/2001 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THALASSERY. EXT.P3TRUE COPY OF THE FORM 1 DEMAND NOTICE DATED 19.7.2008 ISSUED BY THE FIRST RESPONDENT. EXT.P4TRUE COPY OF THE FORM 10 DEMAND NOTICE DATED 19.7.2008 ISSUED BY THE FIRST RESPONDENT. EXT.P5TRUE COPY OF THE PETITION DATED 15.9.2008 FILED BY THE PETITIONER BEFORE THE MACT, THALASSERY IN OP (MV) NO.295/2001. EXT.P5(A) TRUE COPY OF THE AFFIDAVIT DATED 15.9.2008 FILED BY THE PETITIONER BEFORE THE MACT, THALASSERY IN OP (MV) NO.295/2001. EXT.P6TRUE COPY OF THE PETITION I.A.NO.5054/08 IN OP (MV) NO.295/2001 DATED 15.9.2008 FILED BY THE PETITIONER BEFORE THE MACT, THALASSERY. EXT.P6(A) TRUE COPY OF THE AFFIDAVIT IN I.A.NO.5054/08 IN OP (MV) NO.295/2001 DATED 15.9.2008 FILED BY THE PETITIONER BEFORE THE MACT, THALASSERY. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 29106 OF 2008 M -------------------------------------- Dated this the 13th October, 2008 JUDGMENT Petitioner suffered an ex parte award. He has filed a petition to set aside the ex parte order, accompanied by an application for condoning the delay of 462 days. In the meantime, revenue recovery proceedings have been initiated. Petitioner challenges Exts.P3 and P4 which are the demand notices issued under the Revenue Recovery Act and seeks a declaration that the petitioner is not liable to compensate the second respondent and to direct the Tribunal to pass orders on Exts.P5 and P6 without delay. According to petitioner, he sold the vehicle on 16.12.1991 to one Shri A.P. Assu Haji and thereafter the fourth respondent purchased the vehicle from Shri A.P. Assu Haji on 19.12.1995 and the fourth respondent is the registered owner of the vehicle even now. The accident which is the subject matter of the award, according to petitioner, took place on 27.3.2000 and according to him, immediately upon WPC. 29106/08 M 2 receipt of Exts.P3 and P4 notices, he has filed Exts.P5 and P5(a) and P6 series. Even though notices were seen served by special messenger and affixiture on respondents 2 to 4, there is appearance only for the third respondent. 2. I heard the learned counsel appearing for the petitioner, the learned Government Pleader and also the learned counsel appearing on behalf of the third respondent. Having gone through the Writ Petition, I feel that the revenue recovery proceedings pursuant to Exts.P3 and P4 should be kept in abeyance for some time. Accordingly, the Writ Petition is disposed of as follows: Recovery proceedings pursuant to Exts.P3 and P4 will be kept in abeyance for a period of three months from today. This is to enable the petitioner to move for appropriate orders. K. M. JOSEPH, JUDGE kbk.