IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 30543 of 2010(P) -------------------------- PETITIONER(S): --------------- MUHAMMED P. @ POTTACHOLA MOHAMED AGED 44 YEARS, S/O.MOIDUTTY POTTACHALO, POTTACHOLA HOUSE, VALAVANNUR AMSOM DESOMMAYYERICHI RA PO, VALAVANNUR, TIRUR TALUK, NOW RESIDING AT FUJARIA, UAE, REPRESENTED BY HIS POWER OF ATTORNEY MRS,JAMEELA,D/O.ABU,AGED 37 YEARS,TIRUR TALUK BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM 2. THE DEPUTY TAHASILDAR, REVENUE RECOVERY TIRUR, MALAPPURAM DISTRICT. 3. THE VILLAGE OFFICER VALAVANNUR, TIRUR TALUK, MALAPPURAM DISTRICT. 4. THE NATIONAL INSURANCE CO LTD DIVISIONAL OFFICE, THRISSUR. ADV. SRI.RAJAN P.KALIYATH FOR R4 GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J ------------------------------- WP(C) NO. 30543 OF 2010 ------------------------------------- Dated this the 15th day of October, 2010 JUDGMENT The petitioner herein is the first respondent in OP (MV) No. 893/2001 and 908/2001 on the files of the Motor Accident Claims Tribunal, Thrissur. Through Ext.P5 common Award, the petitioner was held liable for payment of compensation to the respective claimants, finding that the 4th respondent herein, who is the insurer of the vehicle is not liable. By virtue of terms of the Award, the 4th respondent was directed to make payment of the amounts to the respective claimants and they were given liberty to realise the same from the petitioner. 2. According to the petitioner he was not having proper notice with respect to the proceedings before the Claims Tribunal and as and when he came to know about the Award, he had already approached the Tribunal by filing Exts.P3, P3(a), P4 and P4(a) petitions seeking to set aside ex-parte awards, by condoning delay in filing such 2 WP(C) No. 30543/2010 petitions. It is submitted that Ext.P3, P3(a), P4 and P4 (a) are now pending consideration and disposal before the MACT, Thrissur. 3. Grievance of the petitioner is that coercive steps of recovery of amounts due to the 4th respondent is now being pursued on the basis of requisition issued by the MACT. Exts.P1 and P2 notices are issued in this regard under Section 7 of the Kerala Revenue Recovery Act. Under the above circumstances, limited prayer of the petitioner is to keep in abeyance further steps of recovery till the MACT considers and pass orders on the petitions filed seeking to set aside ex-parte award. 4. Heard, Sri.Rajan P Kalliyath, learned counsel for the 4th respondent company. Under the circumstances as narrated above, I am of the opinion that the Writ Petition can be disposed of directing an early disposal of the matter by the Claims Tribunal and till then to keep in abeyance the recovery steps. 3 WP(C) No. 30543/2010 5. In the result, the Writ Petition is disposed of directing the MACT, Thrissur to consider and pass orders on Ext.P3, P3(a), P4 and P4(a) applications, with due notice to all parties concerned, as early as possible. Orders in this regard may be issued at any rate within a period of two months from the date of receipt of a copy of this judgment. 6. The respondents 1 to 3 are directed to keep in abeyance further steps of recovery pursuant to Exts.P1 and P2 notices, till such time orders are passed by the Tribunal as directed above. C.K. ABDUL REHIM JUDGE dnc