IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35843 of 2009(A) ------------------------------------- PETITIONER(S): ------------------------- SHAJAN E.B., S/O.BABU,AGED 37 YEARS, ITTATHUCHIRA HOUSE, PULIYILAKUNNU DESOM, VADAMA VADAKKUMBHAGAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENT(S): ------------------------- 1. DEPUTY TAHSILDAR, REVENUE RECOVERY, MUKUNDAPURAM. 2. DISTRICT COLLECTOR, THRISSUR DISTRICT, COLLECTORATE, AYYANTHOL, THRISSUR. 3. CHANDRASEKHARA WARRIER, S/O.PARAMESWARA WARRIER, PALAPARAMBIL WARRIAM, ASTAMICHIRA DESOM, VADAMA VADAKKUMBHAGAM VILLAGE, MUKUNDAPURAM TALUK PIN – 691585. 4. UNITED INDIA INSURANCE LTD., THANA, IRINJALAKUDA. 5. JOBIMON P.A., S/O.POOVI ANTONY ITTIRA, VADUTHALA, ERNAKULAM, PIN 652 023. R1 & R2 BY GOVT. PLEADER MR.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K.ABDUL REHIM,J. -------------------------------------------- WP(C).No. 35843 of 2009 --------------------------------------------- Dated this the 11th day of December, 2009. JUDGMENT In view of the direction proposed to be issued in this writ petition I am of the opinion that issue of notice to the third respondent is not necessary, eventhough he may be a person concerned with the result of the writ petition. 2. Heard learned counsel for the petitioner and the Government Pleader appearing for respondents 1 and 2. Petitioner is the 2nd respondent in a claim petition which was disposed of by the MACT, Irinjalakuda as OP(MV).No.584/2005. He was impleaded as respondent in the capacity as driver of the vehicle which involved in the accident. By virtue of the award, liability for payment of the compensation is fetched on the petitioner on the premise that the petitioner was not holding a valid licence at the relevant time of the accident. But according to the petitioner, he was exparte in the proceedings and in fact he was holding a valid driving licence at the relevant time, copy of which is produced as Ext.P6 in this writ petition. According to WPC.35843/2009 2 the petitioner, he came to know about the award only when recovery notices were received pursuant to execution steps initiated by the claimant. It is stated that immediately on coming to know about the award the petitioner had approached the Tribunal and petitions have already been filed seeking to set aside the exparte award and seeking condonation of delay in filing such petition. Those applications are stated to have been numbered as IA.No.6752/2009 and 6751/2009 respectively and it is pending disposal before the MACT, Irinjalakuda. Grievance of the petitioner is that pending disposal of those applications, coercive steps of recovery is now being pursued on the basis of Exts.P1 and P2 notices. Hence the petitioner seeks direction from this court to keep in abeyance recovery steps till the disposal of the applications. 3. Having considered the fact that the petition to set aside the exparte award is pending disposal before the Tribunal, I am of the opinion that the writ petition can be disposed of with a direction to the Tribunal to have an early disposal of the matter. 4. Accordingly, MACT, Irinjalakuda is directed to consider and pass orders on Exts.P3 and P4 applications as early as WPC.35843/2009 3 possible, at any rate within a period two months from the date of receipt of a copy of this judgment . 5. In order to facilitate the petitioner to pursue the matter before the MACT, coercive steps initiated pursuant to Exts.P1 and P2 is directed to be kept in abeyance for a period of two months from today. C.K.ABDUL REHIM, JUDGE Pmn/ WPC.35843/2009 4