IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 4688 of 2009(G) ------------------------------------- OPMV.26/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... PETITIONER(S): ---------------------- JOSHY, S/O.JOHN, AGED 40 YEARS, UPPUMAKKAL HOUSE, KIZHATHIRI KARA, KURINJI CHURCH BHAGOM, RAMAPURAM VILLAGE. BY ADV. SRI.M.K.DILEEPAN SRI.DEEPAK T.NEDUNGADAN SMT.P.SUMITHRA RESPONDENT(S): ------------------------ 1. THE NEW INDIA ASSURANCE COMPANY LTD., REPRESENTED BY THE BRANCH MANAGER, ETTUMANOOR BRANCH, ETTUMANOOR, KOTTAYAM DISTRICT. 2. DEPUTY TAHSILDAR (RR), REVENUE RECOVERY OFFICE, PALA, KOTTAYAM DISTRICT. 3. UTHAM KUMAR K.G., S/O.THARAKASHI, G.H.MALANKARA QUARTERS, MUTTAMBALAM P.O., KOTTAYAM. R2 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.4688 of 2009-G ---------------------------------------------- Dated, this the 12th day of February, 2009 J U D G M E N T Heard the learned counsel for the petitioner and the learned Government Pleader. 2. Petitioner challenges the revenue recovery notice apparently to recover the award amount passed in a claim petition before the Motor Accident Claims Tribunal. There is no challenge to the award as such. Petitioner is the driver. Learned counsel for the petitioner submits, petitioner will prefer an appeal against the award. 3. In such circumstances, I feel that the only relief that can be granted to the petitioner is to direct that recovery steps pursuant to Ext.P2 be kept in abeyance for a period of one month from today. Accordingly, there will be direction that recovery proceedings against the petitioner will be kept in abeyance for a period of one month from today. The Writ Petition is disposed of as above. (K.M.JOSEPH) JUDGE. MS