IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 23339 of 2008(C) -------------------------- PETITIONER: ------------ SURESH, AGED 25, W/O KUMARAN MULANJURTHODY HOUSE, POST CHOORAKODE,VIA, VALLAPUZHA, PALAKKAD DISTRICT ,REPRESENTED BY P/A HOLDER LATHEEF, AGED 33, S/O KUNHI MOHAMMED, PANNIYAMKUNNATH HOUSE, POST CHOORAKODE, VIA VALLAPUZHA, PALAKKAD DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENTS: ------------- 1. VIJAYAKUMARN, AGED 37 YEARS, S/O VELU,MULLAKKAL HOUSE, KODALUR POST PATTAMBI, PALAKKAD DISTRICT. 2. MUSTHAFA, AGED 35YEARS, S/O MUHAMMED, CHAKKINGOTHODI HOUSE, CHOORAKODE, VALLAPUZHA, PALAKKAD, (DRIVER OF AUTORIKSHAW NO. 2806). 3. NEW INDIA ASSURANCE COMPANY, K.H. BUILDINGS, THAZHEPALAM, TRICHUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS B\ BRANCH MANAGER,. 4. THE VILLAGE OFFICER, VALLAPUZHA, OTTAPALAM,PALAKKAD, 5. THE DEPUTY TAHSILDAR, OTAPALAM, PALAKKAD 6. THE DISTRICT COLLECTOR, PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 23339 OF 2008 C = = = = = = = = = = = = = = = = = Dated this the 14h day of August 2008 J U D G M E N T Petitioner is the registered owner of the vehicle involved in an accident which led to the filing of O.P.(MV) No. 63/04 on the file of the MACT, Ottapalam. He remained ex parte and an award was passed in which he has been rendered liable. The Insurance Company satisfied the award and is now attempting to get the amount recovered from the petitioner by taking recourse to revenue recovery proceedings, and Exts. P7 and P8 are the notices issued. It is at that stage this writ petition is filed mainly contending that the petitioner has already filed an application before the MACT to set aside the ex parte award, along with an application for condonation of delay. 2. In this writ petition, the petitioner prays for a direction that the recovery proceedings be deferred and also to expedite orders on Exts. P3 and P4 filed by him for setting aside the ex parte order and W.P.(C) No. 23339 OF 2008 -2- to get the delay condoned. 3. The delay of which condonation is sought for in Ext. P4 is 707 days and it is certainly a matter for the Tribunal to consider and pass orders. Learned counsel for the petitioner submits that steps have already been completed and objections have also been filed by the respondents in the aforesaid applications. If it is so, I see no reason for delaying the orders on Exts. P3 and P4. Therefore, I direct that the Tribunal shall consider and pass orders on Exts. P3 and P4, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. 4. Petitioner shall produce a copy of this judgment before the Tribunal, in any case before 22.8.2008. Subject to production of a copy of this judgment and remittance of 50% of the amount due in terms of Exts. P7 and P8 on or before 22.8.2008, further proceedings for recovery of the amount due, shall be kept in abeyance until orders are passed on Exts. P3 and P4. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-