IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 W.P(C).No. 16888 of 2008 (I) ----------------------------------- PETITIONER: P.A. NOUSHAD, PADINJARECHALIL HOUSE, EAST VAZHAPPILLY, MARKET P.O., MUVATTUPUZHA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHSILDAR, TALUK OFFICE, MUVATTUPUZHA. 3. DEPUTY TAHSILDAR (RR), MUVATTUPUZHA. 4. THE VILLAGE OFFICER, VILLAGE OFFICE, VELLOORKUNNAM VILLAGE. *ADDL.R5 THE NEW INDIA ASSURANCE COMPANY LTD., P.B. NO. 108 XIV 708, KODUVATH SHOPPING COMPLEX, SUB JAIL ROAD, ALUVA *ADDL. 5TH RESPONDENT IS IMPLEADED VIDE ORDER DATED 11/06/2008 ON I.A. NO.7141/2008 BY ADV. SRI.MATHEWS JACOB (SR.) FOR ADDL.R5 SRI.P.JACOB MATHEW FOR ADDL.R5 GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 16888 OF 2008-I =================== Dated this the 11th day of June, 2008 J U D G M E N T The challenge in this writ petition is against the revenue recovery proceedings initiated against the petitioner for realising the amount due in terms of Ext.P2 award rendered by MACT, North Paravur in OP(MV) Nos.1223/01 and 1232/01. As can be seen from the award, the additional respondent No.5 was directed to deposit the amount and was given the right to recover the same from the petitioner, the owner of the offending autorickshaw, which was involved in the accident that took place on 25/3/2000. 2. The award having become final and the Insurance Company having made the deposit had taken recovery proceedings to realise the payment that it has made. It was in that matter that the revenue recovery proceedings were initiated against the petitioner leading to Ext.P1 proceedings under Section 65 of the Revenue Recovery Act. Petitioner submits that subsequent to the receipt of Ext.P1, he has already made payment of Rs.30,000/- by Ext.P7. In this writ petition, though several contentions are raised, what is pressed before me is only a request to WPC 16888/08 :2 : grant him an instalment facility to discharge the liability. 3. I have heard the standing counsel who entered appearance on behalf of the additional 5th respondent Insurance Company also. 4. Having regard to the fact that the petitioner is desirous of discharging the liability that is due and also has proved his bonafides by making a substantial payment by Ext.P7, I am inclined to permit him to pay the amount due in instalments. 5. Accordingly, I direct that the balance amount due from the petitioner in terms of Ext.P2 award and Ext.P4 revenue recovery notice shall be paid by the petitioner at the rate of Rs.7,000/- per month. The first instalment will be paid by the petitioner before 30th of June, 2008 and the subsequent instalments will be paid by the petitioner before 30th of every succeeding month. 6. Subject to payment as above, further proceedings pursuant to Exts.P1 and P4 will be kept in abeyance and in case the petitioner commits default in paying anyone of the instalments, respondents will be free continue the proceedings without further notice to the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp