Kerala High Court
Biju vs The Deputy Collector (Revenue ... on 11 January, 2012
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
THURSDAY, THE 29TH DAY OF MARCH 2012/9TH CHAITHRA 1934
WP(C).No. 5855 of 2012 ()
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OPMV.225/2007 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA
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PETITIONER(S):
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BIJU,
S/O. ULAHANNAN, RESIDING AT MALIKAPURAYIDATHIL
ODIYAPARA, VANNAPURAM, IDDUKKI
BY ADV. SRI. SANTHOSH KUMAR.G
RESPONDENT(S):
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1. THE DEPUTY COLLECTOR (REVENUE RECOVERY),
COLLECTORATE, IDDUKKI 685582
2. VILLAGE OFFICER,
VANNAPURAM, IDDUKKI - 685582
BY SR. GOVT. PLEADER SRI.JAMES MATHEW
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29-03-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
svs
W.P.(C). NO. 5855/2012
APPENDIX
PETITIONER'S EXHIBITS:
P1: COPY OF THE DEMAND NOTICE DATED 11/01/2012 ISSUED BY THE
2ND RESPONDENT.
P1(a):COPY OF THE DEMAND NOTICE DATED 11/01/2012, ISSUED BY THE
2ND RESPONDENT.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE.
svs
ANTONY DOMINIC, J.
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W.P.(C) NO. 5855 OF 2012
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Dated this the 29th day of March, 2012
J U D G M E N T
Petitioner claims to be an autorickshaw driver. He was the respondent in OP(MV) No.225/07, 226/07 and 401/2007 on the file of MACT, Muvattupuzha. Awards were passed against the petitioner and according to the directions of the Tribunal, Insurance Company has discharged the liability. Thereafter at the instance of the Insurance Company, revenue recovery proceedings have been initiated against the petitioner for realising the dues under the award. It is challenging the recovery proceedings evidenced by Exts.P1 and P1(a) notices issued under Section 7 of the Revenue Recovery Act, this writ petition is filed.
2. Even according to the petitioner, award has become final and therefore the liability cannot be avoided. Therefore, there is no substance in the challenge against the recovery proceedings. However taking note of the financial constraints that are pointed out, I direct that the petitioner will be permitted to pay the amounts due under Exts.P1 and P1(a) in four equal monthly instalments. The first instalment will be paid on or before WPC.No.5855/12 :2 : 10/4/12 and the subsequent instalments will be paid on or before 10th of every succeeding month. Subject to payment as above, coercive action now initiated will stand deferred and in case of default, respondents will be free to continue the action already initiated.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE Rp