IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 29376 of 2010(V) --------------------------------------- PETITIONER: ------------------- THE GENERAL MANAGER, DEPARTMENT OF TELECOMMUNICATIONS, TRANSMISSION PROJECT,36/2265-D, 2ND FLOOR,CHITTOOR ROAD, ERNAKULAM-682 011.NOW OFFICE AT AYYAPPANKAVU TELEPHONE EXCHANGE COMPLEX,ERNAKULAM NORTH POST, KOCHI – 682 018, REP.BY THE DIVISIONAL ENGINEER, SETHUMADHAVAN.M. BY ADV. SRI.K.M.JAMALUDHEEN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR , CIVIL STATIONL KAKKANAD, ERNAKULAM- 682 030. 2. THE TAHASILDAR, TALUK OFFICE, ERNAKULAM-682 011. 3. THE VILLAGE OFFICER, ELAMKULAM VILLAGE OFFICE, ERNAKULAM - 682 020. 4. VENUGOPAL, ILLATHUPARAMBIL HOUSE, S.R.M ROAD, ERNAKULAM-682 017. 5. KALYANASUNDARAM, ILLATHUPARAMBIL HOUSE, S.R.M ROAD, ERNAKULAM-682 017. R1 TO R3 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 29376 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of September, 2010 J U D G M E N T This writ petition has been filed on being aggrieved by the inaction on the part of the respondents 1 to 3 in the matter of recovering the amount from the 4th and 5th respondents under Ext.P2 award that was modified as per Ext.P3. The petitioner herein was the applicant in OP(MV) 2208/98 before the Motor Accident Claims Tribunal, Ernakulam. The said claim petition was filed for getting compensation to the tune of Rs.48,017/- for the damages sustained to the department vehicle bearing registration No.KL-7/A-7876. Ext.P2 is the award passed in OP(MV) 2208/98 by the tribunal. Feeling aggrieved by Ext.P2 award, MACA No. 2426/08 was filed by the petitioner. This Court as per Ext.P3 judgment enhanced the amount by Rs.9,500/-. Thus, the total amount would come to Rs.42,500/-. On account of the failure on the part of the 4th and 5th respondents to deposit the said amount along with the interest as awarded, the petitioner was constrained to move E.P.No.399/09 before WPC.29376/2010 : 2 : the MACT, Ernakulam for executing the award. Subsequently, Ext.P5 certificate under Section 174 of the Motor Vehicles Act was issued by the tribunal for realization of the award. As noticed earlier, the grievance of the petitioner is that despite the receipt of Ext.P5 certificate, respondents 1 to 3 are not taking appropriate action to recover the amount in terms of Exts.P2 and P3. When this matter was taken up today, the learned Government Pleader, upon instruction, submitted that on receipt of Ext.P5, the second respondent has taken appropriate steps on 10.6.2010. It is further submitted that recovery proceedings thus initiated would be completed expeditiously, in terms of Ext.P5. The said submission is recorded. Accordingly, this writ petition is disposed of with a direction to the respondents 1 to 3 to complete the recovery proceedings already initiated for realization of the amount covered by Exts.P2 and P3, expeditiously, in terms of Ext.P5 certificate. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A To Judge