IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18859 of 2010(F) -------------------------- PETITIONER: --------------- K.P. APPUKKUTTAN, S/O. KRISHNAN NAIR, AGED 56 YEARS, RESIDING AT KADUNKUZHI HOUSE, MUPPATHADAM, P.O. ALUVA, ERNAKULAM DISTRICT. BY ADV. MR.T.MADHU MR.A.SAIN PAUL MR.P.R.SHIBU RESPONDENT(S): --------------- 1. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, NORTH PARAVUR, ERNAKULAM DISTRICT. 2. THE VILLAGE OFFICER, KADUNGALLOOR VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. GOVERNMENT PLEADER MR. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ................................................... WP (C) No. 18859 of 2010 ............................................... Dated this the 17th day of June, 2010 J U D G M E N T ------------------------ The petitioner is the father of the owner of a motor cycle involved in O.P.(MV) No.1316/2000 on the file of the Motor Accidents Claims Tribunal, Ernakulam which was involved in a road traffic accident causing injuries to the claimant. On conclusion of the trial, the petitioner's son was set exparte and an exparte award was passed against him, allowing the claimant therein to realize an amount of Rs.76,067/- from the petitioner's son with 7.5% interest thereon. 2. The case of the petitioner is that the petitioner's son is presently employed abroad (para 2 of the petition). It is contended that, the petitioner's son is not looking after or maintaining the petitioner and his wife during their old age 2 WP (C) No. 18859 of 2010 and that the petitioner is living at the mercy of the son-in- law, who has rented out a building and the petitioner and his wife are presently residing in the aforesaid rented building with the son-in-law. The grievance of the petitioner is that in respect of the liability under the Award in O.P.(MV) No. 1316/2000 of the Motor Accident Claims Tribunal, Ernakulam, the respondents, who issued Exhibit P1 notice under the Revenue Recovery Act in the name of the son, are harassing the petitioner, seeking to have the amount due from the son of the petitioner, to be realized in satisfaction of the award amount, which is not correct or sustainable and under challenge. 3. It is very much evident from Exhibit P2 that, the notice issued in the name of Srikandan Nair is none other than the son of the petitioner. Since, there is no case in Exhibit P1 and P2, that the petitioner is connected with the issue, the said notices are not liable to implemented 3 WP (C) No. 18859 of 2010 against the petitioner or his property. In this circumstance, it is made clear that the respondents are not justified in proceeding against the petitioner or his properties if any, on the basis of Exhibit P1 and P2. 4. However, going by the pleadings in the writ petition that the son of the petitioner who is the defaulter is presently employed abroad is bound to discharge the liability pursuant to the award passed by the Motor Accident Claims Tribunal, Ernakulam in O.P.(MV) No.1316/2000, subject to the condition that he has not preferred any appeal or obtained any interim order or stay. Since the defaulter is stated as working abroad, it is also possible for the respondents to pursue steps against such person as provided under Section 65 of Revenue Recovery Act as well, which is a matter to be looked into and considered by the respondents. 4 WP (C) No. 18859 of 2010 5. In the above circumstance, the Writ Petition is disposed of, making it clear that the respondents shall not be proceed with any steps on the strength of Exhibit P1 and P2 against the petitioner or his properties. It is further made clear that this will not bar the way of the respondents from proceeding against the defaulter, that is, the son of the petitioner who is stated as employed abroad, in accordance with the relevant provisions of law. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. rkc