Shibu vs State Of Kerala
2021 Latest Caselaw 16904 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                         WP(C) NO. 3586 OF 2021
PETITIONER:

          SHIBU
          AGED 56 YEARS
          S/O.PAVU, THOMMANA HOUSE, AVITTATHUR DESOM, AVITTATHUR
          P.O., KADUPPASSERY VILLAGE, MUKUNDAPURAM TALUK,
          THRISSUR DISTRICT-680683.

          BY ADV N.L.BITTO



RESPONDENT/S:

    1     STATE OF KERALA
          REP. BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF
          REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
          695001.

    2     DISTRICT COLLECTOR,
          COLLECTRATE, AYYANTHOLE, THRISSUR-680003.

    3     THE THAHASILDAR,
          MUKUNDAPURAM TALUK OFFICE, IRINJALAKUDA P.O., THRISSUR
          DISTRICT-680121.

    4     THE VILLAGE OFFICER,
          KADUPPASSERY VILLAGE, KADUPPASSERY P.O., MUKUNDAPURAM
          TALUK, THRISSUR DISTRICT-680683.

    5     RAJESH,
          AGED 34 YEARS
          S/O.RADHAKRISHNAN, UNIKKADAN HOUSE, ANBANDAPURAM DESOM,
          NELLAYI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT-
          680305.

          BY ADV SRI.K.SUDHINKUMAR


OTHER PRESENT:

          SR.GP BIMAL K NATH
 W.P.(C) No.3586/2021             2

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.3586/2021                        3

                                         JUDGMENT

Petitioner suffered an award in O.P.(MV) No.1154/2010. When execution

proceedings were initiated, petitioner approached this court seeking reliefs.

Accordingly, this court granted stay of the proceedings subject to condition. It

seems that, the petitioner has deposited a total sum of Rs.1,75,000/- in three

installments. Pursuant to the above condition, petitioner undertakes to pay the

entire amount in easy installments.

2. The learned counsel for the claimant submitted that, though the claimant

is amenable for permitting discharge in installment, it shall be not more than three

installments.

3. Having considered the fact that the petitioner is burdened with the liability

and that he has complied with the interim order scrupulously, I am inclined to

dispose of the writ petition by directing the petitioner to deposit the entire amount

before the MACT in six equal monthly installments commencing from 10/9/2021

onwards. If any default is committed, claimant will be free to pursue the execution

proceedings to its logical conclusion.

The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS

Judge

dpk

APPENDIX OF WP(C) 3586/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE AWARD PASSED IN OP(MV) 1154 OF 2010 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL IRINJALAKUDA DATED 06.01.2015.

EXHIBIT P2 A COPY OF THE NOTICE OF ATTACHMENT ISSUED AS RRC.NO.2019/6944/08 BY THE 3RD RESPONDENT DATED 10.07.2018.