IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 5478 of 2010(H) ------------------------- PETITIONER: ------------- THYAGARAJAN, S/O.NANU, P.R.BHAVANA, MADATHIKARAZHMA, OACHIRA, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT: --------------- THE DIVISIONAL MANAGER, M/S.NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, KOCHI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5478 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of February, 2010 JUDGMENT The petitioner has approached this Court seeking to direct the respondents herein to deposit the amount due as per the Award passed by the MACT, Kollam in OP(MV) No.1702/02, which forms the subject matter of EP No.118/08 stated as pending consideration before the Tribunal. 2. The learned counsel for the petitioner submits that the petitioner is constrained to approach this Court because of the inordinate delay in getting the matter finalised before the Tribunal. 3. Obviously, this is not a writ petition under Article 227 of the Constitution of India seeking to exercise the supervisory jurisdiction and no laches, negligence or failure have attributed on the part of the Tribunal in finalising the proceedings. In other words, it is very much obvious that the petitioner has sought this Court to act as an execution Court of the MACT which only reveals the extent of misconception of the petitioner as to the WP(C) No.5478 of 2010 -:2:- scope of Article 226 of the Constitution of India and such attempt cannot but be deprecated. 4. It is to be noted that the Motor Vehicles Act 1988 itself takes care of the course and procedure with regard to the passing of the Awards and the way in which it is to be executed. There is a specific remedy as provided under Section 174 of the Motor Vehicles Act 1988, whereby the Tribunal is empowered to issue necessary certificate to the District Collector for recovery of the amount due under the Award as provided under the Kerala Revenue Recovery Act. It is for the petitioner to pursue such remedy as available to him under the statute and to get the due amount realised in the execution proceedings which are stated as filed and pending before the MACT. In the above circumstance, no interference is warranted. The Writ Petition fails and it is dismissed accordingly. P.R. RAMACHANDRA MENON, JUDGE ttb