Kerala High Court
WP(C)/10948/2025 of SIBIN DAS, Vs DEPUTY TAHASILDAR (RR), on 7 April 2025
WP(C) NO. 10948 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 10948 OF 2025 PETITIONER/S: SIBIN DAS,AGED 35 YEARS S/O DASAN, RESIDING AT PUTHENPURACKAL, SASIMALA P.O,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WP(C) NO. 10948 OF 2025
PETITIONER/S:
SIBIN DAS,AGED 35 YEARS
S/O DASAN, RESIDING AT PUTHENPURACKAL, SASIMALA P.O, PULPALLY, WAYANAD, PIN - 673579
BY ADVS.
S.SUJINI
POOJA VENKAT
RESPONDENT/S:
DEPUTY TAHASILDAR (RR),
PULPALLY SULTHANBATHEY TALUK,
SULTHANBATHERY, PIN - 673592
M/S. UNITED INSURANCE COMPANY LTD.,
REPRESENTED BY ITS MANAGER, 2ND FLOOR, SHENOYS
CHAMBERS, SHANMUGHAM ROAD, ERNAKULAM
(IMPLEDED AS PER ORDER DATED 07.04.2025 IN WPC NO.10948
OF 2025)
SRI.P.K.MANOJKUMAR, SC,
SRI. P.S.APPU, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Petitioner suffered Exhibit P1 Award in OP(MV) No.2043 of 2019 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. Under the Award, the additional 2nd respondent was required to pay the amount due under the Award and was permitted to recover the same from the petitioner. The revenue recovery proceedings have thus been initiated to recover the amounts payable to the additional 2nd respondent. The only relief sought for by the petitioner is that the petitioner may be permitted to clear the liability in some instlments.
2. Heard the learned Government Pleader and the learned Standing Counsel appearing for the additional 2nd respondent.
3. Having heard the learned counsel as above and having regard to the limited nature of relief sought for by the petitioner, the writ petition will stand disposed of, directing that the petitioner shall be permitted to clear off the amounts payable by the petitioner under the Award in OP(MV) No.2043 of 2019 (for which revenue recovery proceedings have now been initiated) in ten equal monthly instalments, along with any accrued interest and costs. The first instalment shall be paid on or before 30.04.2025 and the subsequent intalments shall be paid on or before the last working day of the succeeding months. If the petitioner pays the amount directly to the additional 2nd respondent, the petitioner shall be absolved of the liability to pay any revenue recovery charges. However, if the petitioner defaults in payment of any one instalment, it will be open to the 1st respondent to continue with the recovery proceedings initiated against the petitioner. Sd/- GOPINATH P. JUDGE ajt
APPENDIX OF WP(C) 10948/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMON AWARD PASSED IN OP ( MV ) NO. 2043/2019 AND OP ( MV) NO. 2079/2019 DATED 21.03.2023 PASSED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL , PERUMBAVOOR Exhibit P2 TRUE COPY OF THE NOTICE OF DEMAND ISSUED U/S 7 OF THE REVENUE RECOVERY ACT ISSUED BY THE RESPONDENT DATED 11.02.2025 Exhibit P3 TRUE COPY OF THE AUCTION NOTICE ISSUED U/S 34 OF THE KERALA REVENUE RECOVERY ACT ISSUED BY THE RESPONDENT DATED 11.02.2025