IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 8039 of 2011(D) -------------------------------------- PETITIONER(S): ----------------------- M. SUNITHA, W/O.RAVINDRAN, RESIDING AT ORMA NIVAS, P.O. MAKRERI, KANNUR. BY ADV. SMT.K.K.CHANDRALEKHA, SRI.GOPAKUMAR G. (ALUVA). RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, KANNUR-670 001. 2. THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), KANNUR-670 001. 3. M/S. NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, KANNUR DIVISION, KANNUR-670 001. R1 & R2 BY SR. GOVT. PLEADER MR.C.K. GOVINDAN. R3 BY ADV. SMT.T.C.SOWMIAVATHY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.8039 of 2011 ------------------------------------------- Dated this the 30th day of May, 2011 J U D G M E N T ---------------------- Petitioner is the 2nd respondent before the Additional Motor Accidents Claims Tribunal, Thalassery in O.P(MV) No.696/2003 in which Ext.P3 Award was passed by that tribunal. In Ext.P3 the tribunal awarded compensation of Rs.29,000/- along with interest and proportionate cost, to the claimants therein. The 3rd respondent was directed to make payment of the amounts awarded, with liberty reserved in favour of 3rd respondent to realise such amounts from the petitioner herein. 2. According to the petitioner, she was ex-parte in the proceedings before the tribunal and she came to know about the Award only when steps were initiated at the behest of the 3rd respondent for realisation of amounts already paid and only when Ext.P6 and P7 notices were served under the provisions of the Kerala Revenue Recovery Act. According to the petitioner, immediately on coming to know about the Award she had approached the tribunal by filing Ext.P4 application to set aside the ex-parte Award, accompanied with Ext.P3 petition seeking W.P.(C).8039/11 -2- condonation of delay in filing such petition. It is further submitted that the Award passed in the connected cases has already been set aside in appeal by this court in Ext.P1 and P2. Grievance of the petitioner is that, if pending consideration and disposal of the applications filed before the tribunal, the amounts are recovered through coercive steps, that will cause severe prejudice. 3. Learned standing counsel appearing for the 3rd respondent has no dispute with respect to the facts as narrated above. Since Ext.P4 and P5 applications are pending consideration before the tribunal, I am of the view that interest of justice will be served if a direction is issued to the tribunal to have an early disposal of those applications and till then to restrain recovery steps. 4. Under such circumstances, the writ petition is disposed of directing the Addl. Motor Accidents Claims Tribunal, Thalassery to consider and dispose of Ext.P4 and P5 applications, after affording an opportunity of hearing to all parties concerned, at the earliest possible, at any rate, within a period of 3 (three) months from the date of receipt of a copy of this judgment. 5. Till such time the tribunal takes a decision on Ext.P5 W.P.(C).8039/11 -3- and P6, recovery of amounts covered under Ext.P3 Award, which is now initiated on the basis of Ext.P6 and P7 notices shall be kept in abeyance. C.K.ABDUL REHIM, JUDGE. okb