Muhammed Ali. C vs The District Collector
2021 Latest Caselaw 1533 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.1011 OF 2021(B)


PETITIONER:

               MUHAMMED ALI. C, AGED 82 YEARS
               THE MANAGING PARTNER CEEYAM TRADERS, MAIN ROAD,
               PAYYANNUR, KANNUR DISTRICT 670 307.

               BY ADVS.
               SRI.C.MURALIKRISHNAN (PAYYANUR)
               SRI.ABRAHAM GEORGE JACOB
               SHRI.AKSHAY R

RESPONDENTS:

      1        THE DISTRICT COLLECTOR,
               KANNUR DISTRICT , CIVIL STATION,
               THAVAKKARA, KANNUR 670 001.

      2        THE TAHSILDAR,
               PAYYANNUR TALUK, TALUK OFFICE,
               PAYYANNUR 670 307.

      3        THE DEPUTY TAHSILDAR,
               PAYYANNUR TALUK, TALUK OFFICE,
               PAYYANNUR 670 307.

      4        NATIONAL INSURANCE COMPANY LIMITED,
               1ST FLOOR, PERUMAL BUILDING, PERUMBA PAYYANUR,
               KANNUR DISTRICT 670 307,
               REPRESENTED BY ITS MANAGER.


OTHER PRESENT:

               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:
 W.P(C).1011/2021
                                      2




                                 JUDGMENT

Petitioner herein is the second respondent in O.P(M.V).No.320 of

2018 filed by the respondents herein, seeking compensation in relation to

an RTA. Though, it was contested by the petitioner herein, it was

awarded. According to the petitioner, aggrieved by the award of the

MACT, an appeal has been preferred along with an application for

condonation of delay. In the meanwhile, Ext.P6 demand notice has been

issued to recover the award amount from him.

2. The grievance of the petitioner herein is that, if the recovery is

effected before the appeal is heard, that will affect him substantially.

3. Heard the learned counsel for the petitioner and learned

Standing Counsel for the Insurance Company, who opposed the

application.

4. Having considered the fact that the appeal is pending and

delay is yet to be condoned, I am inclined to take a lenient view and to

grant some breathing time to the petitioner herein to bring up the appeal

as well as the delay condonation application before the appellate

authority and to seek his remedy before that Court. Having considered

this, I am inclined to dispose of the Writ Petition itself directing the

petitioner herein to move the Appellate Court and to seek condonation of

delay and appropriate orders in the appeal, within a period of two months W.P(C).1011/2021

from today. Further proceedings, pursuant to Ext.P6 demand notice, will

remain deferred during the above two months period.

Writ Petition is disposed of as above.

Sd/-

                                                SUNIL THOMAS

Sbna                                               JUDGE
 W.P(C).1011/2021





                         APPENDIX


PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE CERTIFICATE REGISTRATION
                     ISSUED IN THE NAME OF PETITIONER.

EXHIBIT P2           TRUE COPY OF THE INSURANCE POLICY ISSUED IN

THE NAME OF PETITIONER BY 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT FIELD BY THE 3RD RESPONDENT (INSURANCE COMPANY) IN OP (MV) 320/2018 BEFORE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KASARGOD.

EXHIBIT P4 TRUE COPY OF THE DRIVING LICENSE ISSUED TO MUHAMMED MUZHAMMIL P.P.

EXHIBIT P5 TRUE COPY OF THE AWARD DATED 26.03.2019 IN OP (MV), 320/2018 OF THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL -1, KASARAGOD.

EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE DATED 18.03.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER UNDER REVENUE RECOVERY ACT.

EXHIBIT P7 TRUE COPY OF THE REQUEST DATED 30.11.2020 SUBMITTED BY PETITIONER TO THE 2ND RESPONDENT REQUESTING TO STOP THE REVUE RECOVERY PROCEEDINGS.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 15.12.2020 ISSUED BY THE 2ND RESPONDENT TO PETITIONER.

EXHIBIT P9 TRUE COPY OF THE MEMORANDUM OF APPEAL (MACA), FILED BY THE PETITIONER BEFORE HONBLE HIGH COURT OF KERALA.