IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 35404 of 2008(M) -------------------------- OPMV.1047/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... PETITIONER: --------------- ABRAHAM, PAREKKATTIL HOUSE, ARUMANOOR P.O., AYARKUNNAM. BY ADV. SRI.JOMY GEORGE RESPONDENTS: --------------- 1. SUKUMARAN @B MANIYAN, PARACKATTU, PALLICKATHODU BHAGAM, ANICKADU. 2. THE NATIONAL INSURANCE CO. LTD., REPRESENTED BY THE BRANCH MANAGER, KOTTAYAM. 3. REJI THOMAS, THUNDATHIL, PONKUNNAM P.O., CHENNAKUNNU. 4. ANIRUDHAN PILLAI, PUTHUVELI HOUSE, THEKKETHUKAVALA P.O., PONKUNNAM. 5. SEENA RANI, CHENNAKUNNEL HOUSE, THEKKETHUKAVALA P.O., PONKUNNAM. 6. SONU REJI (MINOR), REPRESENTED BY NEXT FRIEND AND GUARDIAN REEJA ERUVELI HOUSE, PONKUNNAM P.O. 7. INSAM ISMAIL (MINOR), REPRESENTED BY NEXT FRIEND AND GUARDIAN ISMAIL, KALLAMPARAMBIL, PONKUNNNAM P.O. 8. DEPUTY TAHSILDAR, REVENUE RECOVERY, KOTTAYAM. BY GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 35404 of 2008 -------------------------- Dated this the 2nd December, 2008 J U D G M E N T The vehicle which belongs to the petitioner was involved in an accident which led to OP (MV)No1047/2006 filed by respondents 3 to 7 herein. According to the petitioner, he had sold the vehicle in 2002 and therefore on receipt of the summons from the MACT, he contacted the purchaser, when according to the petitioner, he had assured that he will take all necessary steps for defending the proceedings before the MACT. It seems that it was not so done and an ex parte order was passed by the MACT. Petitioner came to know of the same, submits the learned counsel for the petitioner only on receipt of Exhibits P5 to P8 notices under the Revenue Recovery Act. Exhibits P5 to P8 have been challenged in this writ petition. 2. In my view, remedy of the petitioner is to move the MACT to set aside the ex parte order. W.P ( C) No. 35404 of 2008 2 3. Learned counsel for the petitioner submits that such motion has been made today. In the facts and circumstances of the case, enforcement of the notices under the Revenue Recovery Act shall be kept in abeyance for a period of one month from today to enable the petitioner to move the MACT Palakkad in relation to Exhibit P4 award. Ordered accordingly. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 35404 of 2008 3 W.P ( C) No. 35404 of 2008 4