Kerala High Court

WP(C)/13352/2025 of RAJESH K.K., Vs THE DEPUTY TAHSILDAR, on 2 April 2025

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 13352 OF 2025 PETITIONER/S: RAJESH K.K., AGED 49 YEARS S/O. KESAVAN, RESIDING AT RAHUL NIVAS, PAYITHURUTHEL, THEKKUMBHAKAM, THRIPPUNITHURA, ERNAKULAM

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947

WP(C) NO. 13352 OF 2025

PETITIONER/S:

RAJESH K.K.,

AGED 49 YEARS

S/O. KESAVAN, RESIDING AT RAHUL NIVAS,

PAYITHURUTHEL, THEKKUMBHAKAM, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682301

BY ADVS.

P.A.MARTIN ROY

K.S.JAYASUDHA

ATHUL ROY

NITHYA K.S.

RESPONDENT/S:

THE DEPUTY TAHSILDAR,

KANAYANOOR TALUK OFFICE, PARK AVE, NEAR SUBHASH

PARK, MARINE DRIVE, KOCHI, KERALA, PIN - 682011

STATE OF KERALA,

REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

NATIONAL INSURANCE COMPANY LIMITED,

REPRESENTED BY ITS MANAGER, THIRD PARTY CLAIM

CELL, MG ROAD, SOUTH, ERNAKULAM, PIN - 682016

OTHER PRESENT:

SRI. P.S.APPU, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED

THE FOLLOWING:

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JUDGMENT

The petitioner suffered an award in O.P.(MV) No.17 of 2023 on the file of the Motor Accidents Claims Tribunal, Ernakulam in terms of which the petitioner was found liable to pay a sum of Rs.1,64,874/- together with interest thereon payable to the claimant in that case. The 3rd respondent Insurance Company was directed to pay the amount to the claimant and was permitted to recover the amount from the petitioner. The petitioner now faces revenue recovery proceedings to recover the amount due under the award.

2. The learned counsel appearing for the petitioner submits that the petitioner is only seeking some installments to pay off the liability in terms of the award.

3. Heard the learned Government Pleader also.

4. Having heard the learned counsel for the petitioner and the learned Government Pleader and having regard to the limit nature of the reliefs sought for by the petitioner, I am of the view that the writ petition can be disposed of without issuing notice to the 3rd respondent. Accordingly, this writ petition will stand disposed of with the following directions:

(i) The petitioner shall be permitted to pay off the amount due under the award along with accrued interest, cost and charges in ten equated monthly instalments commencing from 30.04.2025;

(ii) The subsequent instalments shall be paid on or before the last working day of each succeeding month;

(iii) If the petitioner pays the amount directly to the 3rd respondent Insurance Company, the petitioner shall also be relieved of the liability to pay any revenue recovery charges.

Sd/-

GOPINATH P. JUDGE Scl/

APPENDIX OF WP(C) 13352/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AFOREMENTIONED DEMAND NOTICE DATED 02.02.2024 ISSUED BY THE DEPUTY TAHSILDAR, KANAYANOOR TALUK

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