IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 19827 of 2008(I) -------------------------- OPMV.79/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... PETITIONER: -------------- ROY THOMAS, PULLEPPILLI HOUSE KUNDUVAMPADAM, KONGAD, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENTS: ----------------- 1. THE TAHSILDAR, REVENUE RECOVERY PALAKKAD. 2. THE DISTRICT COLLECOTR, PALAKKAD. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 19827 OF 2008 I ==================== Dated this the 2nd day of July, 2008 J U D G M E N T The challenge in this writ petition is against the revenue recovery proceedings initiated under the Revenue Recovery Act resulting in Ext.P3 auction notice proposing to auction the petitioner's property for realisation of the amount due from him in terms of the award of the MACT, Palakkad in OP(MV) No.79/2000. 2. It is the admitted case that an award has been passed by the Tribunal, which has become final. On facts, it is also seen that though the petitioner was also a party to the proceedings, he did not appear or contest the matter. 3. Since the award has become final and in terms of the said award as the petitioner is liable to make good the amount due, nothing irregular can be found in the recovery proceedings initiated. 4. However, the petitioner only requests for an instalment facility to discharge the liability and to avoid coercive action against his property. 5. Taking into account the submission made by the counsel for the petitioner, I direct that the amount due for which Ext.P3 auction notice WPC 19827/08 :2 : has been published, shall be paid by the petitioner in two equal instalments. The 1st payment of 50% of the amount due shall be paid by the petitioner before 5/7/08. It is directed that the balance 50% due from him shall also be remitted by the petitioner before 5/8/08. 6. This judgment is passed accepting the submission of the counsel for the petitioner that the auction scheduled to 2/7/08 has been adjourned. It is directed that if auction has been already held and settled in favour of anybody, this judgment will not stand in the way of the authorities confirming the same and proceeding with the same on that basis. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp