IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 980 of 2008(N) ------------------------ PETITIONER: ------------------- P.ABBAS, S/O.P.VEERAN, PARAMMAL HOUSE, KALLADIPATTA, PATTAMBI, OTTAPALAM TALUK. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: ---------------------- 1. AJITHA, S/O.KRISHNANKUTTY EZHUTHACHAN, KOTTILTHARA THEKKATHIL HOUSE, KOCHAPPANPADI, KILLIMANGALAM POST, THRISSUR DISTRICT. 2. THE TAHSILDAR (RR), TALUK OFFICE, OTTAPALAM. 3. ASHRAF, S/O.ABDUL RAHMAN, PARAMBIL PEEDIKAYIL HOUSE, NEAR U.P.SCHOOL, PAINKULAM POST, THRISSUR DISTRICT. ADDL. 4TH RESPONDENT IMPLEADED. 4. THE ORIENTAL INSURANCE CO. LTD. MELAPATTAMBI, PATTAMBI. ADDL. 4TH IMPLEADED IS IMPLEADED AS PER ORDER IN I.A. 774/2008 DATED 15.2.2008. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW BY GOVT. PLEADER SRI. M.P. SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 980/2008. APPENDIX PETITIONER'S EXTS: EXT. P1 : PHOTO COPY OF AWARD PASSED IN O.P.(MV) NO.232/2001 DATED 15.11.2005 PASSED BY THE MAC TRIBUNAL, THRISSUR. EXT. P2 : PHOTO COPY OF THE R R NOTICE DT. 10/07 ISSUED BY THE 2ND RESPONDENT. EXT. P3 : PHOTO COPY OF PRIOR TO ATTACHMENT OF PROPERTY NOTICE ISSUED BY THE 2ND RESPONDENT DT. 10/07. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.980 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of February, 2008 JUDGMENT Petitioner approached this court seeking to challenge Exts.P2 and P3 and to restrain the second respondent from proceeding for the recovery of the amount pursuant to Ext.P1 award without taking steps against the third respondent. The case of the petitioner in brief is as follows: Petitioner is the owner of an auto, which involved in an accident in which the first respondent was injured. The first respondent has filed a claim petition resulting in Ext.P1 award. According to the petitioner, he was not aware of the award and Ext.P2 demand notice is served on the petitioner. Ext.P2 is a demand notice under Section 7 of the Kerala Revenue Recovery Act. Ext.P3 is the attachment notice. Petitioner challenges the same. 2. I heard learned counsel for the petitioner and the additional fourth respondent. Challenge is to Exts.P2 and P3. Exts.P2 and P3 are recovery notices issued for recovery of the amount due under Ext.P1 award. Ext.P1 award has become final. Therefore there may not be much merit in the writ petition. But learned counsel for the petitioner submits that he is WPC.980/08. 2 only the owner of an auto and if he is given sometime to pay off the amount in instalments, the entire amount can be cleared. In such circumstances, I feel that the said request of the petitioner can be granted. 3. Having regard to all facts and circumstances, the writ petition is disposed of permitting the petitioner to clear the amount for which recovery proceedings have been initiated in eight equal monthly instalments. The petitioner shall also pay the collection charges. The first instalment shall be payable on or before 1.3.2008. The further instalments are to be paid on or before the first working day of each succeeding month. If the petitioner commits default in paying any one instalment, the petitioner will lose the benefit of this judgment and it will be open to the fourth respondent to proceed against the petitioner in accordance with law. Proceedings against the petitioner will be kept in abeyance provided the petitioner continues to pay the amount in instalments. (K.M. JOSEPH, JUDGE) sb