IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 33588 of 2009(P) -------------------------------------- PETITIONER: ------------------- SHIBY, S/O.THOMAS, AGED 40, KUNJANKUDIYIL, MACHIPLAVU P.O., ADIMALI, IDUKKI DISTRICT. BY ADV. MR.C.S.MANILAL. RESPONDENTS: ------------------------ 1. THE DEPUTY COLLECTOR, (REVENUE RECOVERY), TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT. 2. THE ORIENTAL INSURANCE COMPANY, REP. BY THE BRANCH MANAGER, KOTHAMANGALAM, ERNAKULAM DISTRICT. R1 BY GOVT. PLEADER MR. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.33588 OF 2009 ------------------------------ Dated this the 20th day of November, 2009 J U D G M E N T ---------------------- 1. Ext.P1 is a common award issued by Motor Accident Claims Tribunal, Thodupuzha in 10 claim petitions. Petitioner herein is one of the respondents in all the 10 claim petitions. Petitioner is the registered owner of the vehicle which involved in the accident. According to the petitioner, on receipt of notice from the Tribunal in the claim cases, he had entrusted the matter with a lawyer. But unfortunately the lawyer failed in making proper appearance and contesting the cases. Consequently the petitioner was declared exparte in all the cases. Ultimately awards were passed against the petitioner finding that the insurer is not liable. Only when notices under Revenue Recovery Act issued pursuant to execution of the award was received, the petitioner came to know about the award. It is stated that the petitioner had already applied and obtained certified copy of the award and he has filed appeal in one of the cases. He is taking steps to file appeals in other connected cases also. It is submitted that since there is delay in filing appeal it may take some time for the appellate court to consider the petitions filed seeking stay against the execution. W.P.(C).33588/09-P 2 2. Under such circumstances the petitioner is seeking relief from this court for issuing appropriate directions to keep in abeyance recovery steps for a reasonable period, in order to facilitate the petitioner to seek appropriate interim relief from the appellate court. 3. Having considered facts and circumstances, I am of the opinion that the writ petition can be disposed of with a direction to the authority to keep in abeyance recovery steps for a reasonable period. In the result the writ petition is disposed of directing the 1st respondent to keep in abeyance all further steps of recovery initiated pursuant to Ext.P2 to P5 notices for a period of 6 weeks from today, in order to facilitate the petitioner to seek appropriate relief from the appellate court. C.K.ABDUL REHIM, JUDGE. okb