WA NO. 516 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
WA NO. 516 OF 2022
AGAINST THE JUDGMENT IN WPC NO.1559/2020 DATED 21.01.2020
PASSED BY THIS HON'BLE COURT
APPELLANTS/PETITIONERS:
1 ABDUL HAMEED.,
AGED 50 YEARS
S/O. RAYAN, 1/460, CHEMMALA HOUSE, PULIKKAL GRAMA
PANCHAYAT, PALLIKKAL P.O., KODOTTY, MALAPPURAM
DISTRICT 676 517.
2 MUHAMMED BOOSOORI,
AGED 24 YEARS
S/O. ABDUL HAMEED, 1/460, CHEMMALA HOUSE, PULIKKAL
GRAMA PANCHAYATH , PALLIKKAL P.O., KONDOTTY,
MALAPPURAM DISTRICT 676 517.
BY ADV S.SUDHISH KUMAR
RESPONDENTS/RESPONDENTS:
1 THE DEPUTY TAHSILDAR (RR),
KONDOTTY TALUK, MALAPPURAM DISTRICT 673 638.
2 THE MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
MALAPPURAM, 676 504.
BY GOVT.PLEADER SRI.
SRI.P.K.MANOJ KUMAR FOR R2
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 516 OF 2022
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JUDGMENT
The writ appeal is filed assailing the judgment in W.P(C) No.1559/2020, whereby the appellants were directed to discharge their liability in installments.
2. The appellants had filed the writ petition before this Court, inter alia, to direct the 1st respondent to permit the appellants to pay off their liability as per Exts.P4 and P4
(a) in installments. The appellants have averred that they were the respondents in O.P (MV) No.877/2015 of the Motor Accidents Claims Tribunal, Tirur. The Tribunal allowed the claim petition and directed the 2 nd respondent- insurer to pay the compensation amount and recover it from the appellants. Pursuant to the above award, the 1 st respondent had issued Exts.P4 and P4(a) demand notices under the Revenue Recovery Act, to recover an amount of WA NO. 516 OF 2022 3 Rs.2,32,981/- with accrued interest and other statutory charges. The appellants were not in a position to pay the above amount in lump-sum. Hence, they filed the writ petition, which was allowed by the learned Single Judge, directing the appellants to pay the award amount with interest and charges in ten equal monthly installments. However, due to the Covid-19 Pandemic and the national lockdown that was imposed, the appellants were not in a position to pay the ordered amount. Moreover, the 1 st appellant is suffering from 'Degenerative Osteoarthritis Bilateral HIP with Contusion Let HIP and Osteophyte Fracture'. Nevertheless, the 1st respondent has initiated coercive proceedings against the appellants. The appellants are ready to pay an amount of Rs.1,25,000/- immediately and seek time to pay the balance amount outstanding, as per Exts.P4 and P4 (a) demand notices, in five equated monthly installments. Hence the writ appeal. WA NO. 516 OF 2022 4
3. Heard; Sri.S.Sudheesh Kumar, the learned counsel appearing for the appellants, the learned Government Pleader appearing for the 1 st respondent and Sri.P.K.Manoj Kumar, the learned counsel appearing for the 2nd respondent.
4. The appellants do not dispute their liability as per Exts.P4 and P4 (a) demand notices and the fact that this Court had allowed their prayer to pay the award amount in installments. It is the appellants case now that due to the Covid-19 pandemic and the national lock-down that was enforced, and due to the illness of the 1 st appellant, they were not able to comply with the directions in the impugned judgment. All that they now seek is to enlarge the time period fixed by this Court in the impugned judgment by a further period of five months. The appellants' prayer is not seriously opposed by the learned counsel appearing for the respondents. In the above factual situation, taking a lenient view in the matter and in WA NO. 516 OF 2022 5 exercise of the discretionary powers of this Court as enshrined under Article 226 of the Constitution of India, we deem it appropriate to enlarge the time period fixed by this Court in the impugned judgment, without treating this judgment as a precedent.
In the result, the writ appeal is allowed by permitting the appellants to deposit an amount of Rs.1,25,000/- before the 1st respondent on or before 30.4.2022 and pay the balance amount due as per Exts.P4 and P4 (a) demand notices with interest and charges in five equated monthly installments commencing from 30.6.2022. If the amounts are paid as ordered above, the 1 st respondent shall keep the revenue recovery proceedings, pursuant to Exts.P4 and P4 (a), in abeyance. It is made clear that, if the appellants commit any default in respect of any of the installments, they would lose the benefit of this judgment and the 1st respondent would be free to continue with the revenue recovery proceedings from the stage at which it WA NO. 516 OF 2022 6 presently stands. It is also made clear that the appellants would not be granted any further extension.
Sd/-
C.S.DIAS JUDGE Sd/-
BASANT BALAJI
ma/27.4.2022 JUDGE
/True copy/