IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 30693 of 2008(D) -------------------------- OPMV.1063/1989 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... PETITIONER(S): --------------- EMAM SAINUDDIN, S/O. M.A. SAINUDDIN, AGED 48 YEARS, NJANAKAL HOUSE, NADUTHALA, ERNAKULAM DISTRICT, NOW RESIDING AT MAVIDICHAL VEEDU, THANDIRICKAL COLONY, MUPPATHADAM P.O., ALUVA. BY ADV. SRI.V.B.NARAYANAN SRI.M.J.WILFRED DAS RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY SECRETARY TO THE REVENUE DEPARTMENT, GOVT. OF KERALA THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPUZHA 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. MOTOR ACCIDENT CLAIM TRIBUNAL, ALAPUZHA. 5. NATIONAL INSURANCE COMPANY LTD., PERUMBAVOOR. 6. THE MANAGER, M/S.NATIONAL INSURANCE COMPANY LTD., PERUMBAVOOR. BY GP SRI.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).30693/2008 -------------------- Dated this the 25th day of November, 2008 JUDGMENT Petitioner is a claimant in OP.(MV).1063/89 on the files of the MACT, Alappuzha, and he filed M.F.A.20/1994 for enhancement of the compensation. Petitioner is aggrieved by the delay in further steps being taken for recovery of the amount from the judgment debtors, by recourse to proceedings under the Revenue Recovery Act. 2. Learned Government Pleader on instructions, submits that some defects were noted in the Revenue Recovery certificate and therefore, the same has been returned from the office of the third respondent on 10.9.2007. In the circumstances, it is only on receipt of the revised Revenue Recovery Certificate, that further proceedings can be taken. 3. After having heard learned counsel for the petitioner and the learned Government Pleader, I am W.P.(C).30693/2008 2 of the view that the petitioner may therefore, move the MACT, Alappuzha, for despatch of revised Revenue Recovery Certificate, after curing the defects if any, noted by the Revenue Recovery Authorities. At any rate, revised Revenue Recovery Certificate, after curing defects, shall be issued by the MACT, Alappuzha, within one month from the date of production of a copy of this judgment. There upon, Revenue Recovery Authorities shall proceed to recover the amount due to the petitioner in accordance with the Certificate without further delay. Writ petition is disposed of as above. V.GIRI, Judge mrcs