Sadikkali vs The Deputy Tahsildar (Revenue ...
2021 Latest Caselaw 2057 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                       WP(C).No.1347 OF 2021(P)


PETITIONER:

               SADIKKALI
               AGED 38 YEARS
               S/O. YOOSAF ALI, OTTAKKALLAN HOUSE VANIYAMBALAM, P.O.
               THAZHEKUTTIYIL, ANKAPOYIL ROAD, WANDOOR, MALAPPURAM
               DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY MR.
               THANDUPARA AKBAR, AGED 46 YEARS, S/O. RASHEED
               AHAMMED, VANIYABALAM P.O. MALAPPURAM 679 339.

               BY ADVS.
               SRI.K.M.SATHYANATHA MENON
               SMT.KAVERY S THAMPI
               SHRI.GANESAN M.

RESPONDENTS:

      1        THE DEPUTY TAHSILDAR (REVENUE RECOVERY)
               NILAMBUR TALUK, MALAPPURAM DISTRICT 679 329.

      2        THE NEW INDIA ASSURANCE COMPANY LIMITTED,
               1ST FLOOR, MC HALL, RAJEEV GANDHI BYPASS ROAD,
               MELAKKAM MANJERI, MALAPPURAM DISTRICT 686 121,
               REPRESENTED BY ITS BRANCH MANAGAR.


OTHER PRESENT:

               SR.GP K.P HARISH,SC SRI.A.A.ZIYAD RAHMAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1347 OF 2021(P)
                               2




                           JUDGMENT

Dated this the 19th day of January 2021

The petitioner herein who was the second respondent

in OP MV No.1135 of 2015 of the MACT, Manjeri, filed by

the claimant therein suffered, an award. Award was

granted in favour of the claimant which imposed liability

on the petitioner herein. He had remained ex-parte.

According to him, he was advised that, since the

insurance is admitted by the second respondent, the

petitioner will not be saddled with any liability. However,

he came to know about the recovery proceedings against

him only when Ext.P4 recovery proceeding was initiated

against him. The petitioner contends that in the

meanwhile he had filed Ext.P2 and Ext.P3 applications to

set aside the ex-parte award and also to condone the

delay of 723 days which had occurred in the meanwhile.

The anxiety of the petitioner is that pending the above

proceedings, if RR proceeding is initiated against him it WP(C).No.1347 OF 2021(P)

will cause irreparable injury to him.

2. Having heard the learned Counsel for the

petitioner and Mr. Ziyad Rahman, who took notice for the

second respondent, I am satisfied that the writ petition

itself can be disposed of at the threshold, granting a

limited relief to the petitioner.

Accordingly, the writ petition stands disposed of

directing the MACT, Manjeri to take up Ext.P2 and Ext.P3

applications on merits as expeditiously as possible, after

giving notice to both sides, within a period of two months

from the date of receipt of a copy of this judgment.

Recovery proceedings pursuant to Ext.P4 and Ext.P5 will

stand deferred till final orders are passed by the Court

below on Ext.P2 and Ext.P3.

Sd/-

SUNIL THOMAS

JUDGE

SKP/19-1 WP(C).No.1347 OF 2021(P)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AWARD DATED 27.06.2018 IN OP(MA), NO. 1135/2015 ON THE FILES OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED AS I.A.

NO. 2/2020 IN O.P. (MV), ONO. 1135/2015 ON THE FILES OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED AS I.A.

NO. 3/2020 IN OP (MV), NO. 1135/2015 ON THE FILES OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI.

EXHIBIT P4 TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 1ST RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY ACT 1968 DATED 25.12.2020.

EXHIBIT P5 TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 1ST RESPONDENT UNDER SECTION 34 OF THE REVENUE RECOVERY ACT 1968 DATED 25.12.2020.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 6.3.2020 IN WPC NO. 6830/2020 OF THIS HONOURABLE COURT.

RESPONDENTS'S EXHIBITS:NIL

TRUE COPY P.A. TO JUDGE