Basheer vs District Collector
2021 Latest Caselaw 1499 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                    WP(C).No.28805 OF 2020(A)


PETITIONER/S:

            BASHEER,
            MUPRKUNIYIL (H), KANNAMBATHUKARA,
            THIRUVALLOOR P.O., VATAKARA - 673 541.

            BY ADV. SMT.K.REEHA KHADER

RESPONDENT/S:

      1     DISTRICT COLLECTOR,
            COLLECTORATE, KOZHIKODE,
            KOZHIKODE DISTRICT - 673 020.

      2     THAHASILDAR, VATAKARA TALUK,
            VATAKARA, KOZHIKODE DISTRICT - 673101.

      3     VILLAGE OFFICER
            THIRUVALLOOR VILLAGE, VADAKARA TALUK,
            KOZHIKODE DISTRICT - 673 101.



            R1 TO R3 SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28805 OF 2020(A)
                               2




                          JUDGMENT

The petitioner herein is the father of the second

respondent in OP(MV)No.688/2015 of the MACT, Vatakara.

The claim petition was filed seeking compensation in

relation to the road accident. Ultimately, award was

passed. According to the petitioner, award is challenged

in an appeal before this court. However, the appeal has

not been numbered, since there is substantial delay in

preferring the appeal. In the meanwhile, RR proceedings

have been initiated and Ext.P1 notice has been issued.

The petitioner has rushed this court contending that

unless the appeal is brought up, heard and disposed of.

Recovery proceedings may jeoparadise his interest.

2. Having considered the limited prayer sought by the

petitioner, I feel that the Writ Petition itself can be

disposed of granting limited relief to the petitioner. I am

inclined to direct that coercive steps pursuant to Ext.P1

shall remain deferred for a period of two months from WP(C).No.28805 OF 2020(A)

today. The petitioner shall in the meanwhile bring up the

appeal filed before this court as well as application for

condonation of delay and stay petition and seek his

remedies before that court.

Writ Petition is disposed of accordingly.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.28805 OF 2020(A)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY DEPUTY THAHASILDAR, VATAKARA ON 09/03/2020.

EXHIBIT P2 TRUE COPY OF THE AWARD IN O.P.(MV) NO.688/2015 DATED 06/08/2020.

EXHIBIT P3 TRUE COPY OF THE ORDER IN STC NO.104/2015 ON THE FILE OF JUVENILE JUSTICE BOARD, KOZHIKKODE DATED 17/08/2016.

   RESPONDENT'S/S EXHIBITS           NIL