IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 6202 of 2009(U) ------------------------- PETITIONER(S): --------------- ANTHONIYAMMU, W/O.LATE SRI.RAJAPPAN, R.M.S.BUILDING, PULIYANNOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY GOVT. PLEADER SRI. P.N. SANTHOSH BY GOVT. PLEADER SRI.K.. PRABAKARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.6202 OF 2009 ------------------------ Dated this the 11th day of March, 2009. JUDGMENT Petitioner was one of the claimants before the MACT, Pala in O.P(MV).No.2791/95, in which Ext.P1 award was passed on First of April, 2007. The compensation awarded by the Tribunal was enhanced by this court as per the judgment in Anthoniyamma & Ors. V. Managing Director, KSRTC and another (ILR(2008(4) Kerala 263), a copy of which is produced as Ext.P2. When the payment was not made, the petitioner moved the Tribunal by filing an execution petition and although revenue recovery was ordered by Ext.P3, no recovery was effected. It is in these circumstances, the writ petition has been filed. 2. Standing Counsel entered appearance on behalf of the 3rd respondent. Although he has no quarrel about the finality that the award, as modified by Ext.P2, has attained, WP(c).No.6202/09 /2/ he has no satisfactory justification for non-payment of the amount. Taking into account the above, I see absolutely no justification for declining the benefit of the award to the petitioner even at this belated stage. Accordingly, the writ petition is disposed of directing that the amount due to the petitioner under Ext.P1 award, as modified by Ext.P2, shall be paid as ordered by the Tribunal, as expeditiously as possible and at any rate within 3 months from the date of receipt of a copy of the judgment. It is directed that in case of failure in this behalf, it will be open to the petitioner to produce a copy of the judgment before the 2nd respondent, who shall immediately there upon take necessary recovery proceedings as ordered by the Tribunal in Ext.P3 order passed in EP.No.180/08 and ensure that the amount due is recovered. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.6202/09 /2/