Faisal vs State Of Kerala
2022 Latest Caselaw 4813 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                        WP(C) NO. 15018 OF 2022
PETITIONER:

            FAISAL, AGED 33 YEARS
            S/O.HAMSA, KALLARACKAL HOUSE, THEKKUMCHERY DESOM,
            MANATHALA, CHAVAKKAD P.O., THRISSUR - 680506

            BY ADVS.
            K.I.SAGEER
            MUHAMMED YASIL


RESPONDENTS:

    1       STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY,
            REVENUE DEPARTMENT, GOVT. OF KERALA, SECRETARIAT,
            THIRUVANANTHAPURAM 695001

    2       DEPUTY TAHSILDAR (REVENUE RECOVERY), CHAVAKKAD TALUK
            OFFICE, CHAVAKKAD, THRISSUR-680506

    3       VILLAGE OFFICER, MANATHALA VILLAGE OFFICE, MANATHALA,
            CHAVAKKAD, THRISSUR-680506

    4       VIMAL V.K,., AGED 37 YEARS, S/O.KRISHAN VAIDYAR,
            VALIYATH HOUSE, THAMRAYOOR, POOKODE VILLAGE,
            THRISSUR-680505

    5       RAJEEV.E., AGE NOT KNOWN TO THE PETITIONER,
            S/O.APPUKUTTAN, 4/89, MORHACHELLAM HOUSE,
            GURUVAYOOR P.O., THRISSUR DISTRICT-680101


OTHER PRESENT:

            BY SMT PARVATHY .K (GP)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15018 OF 2022
                                          2



                                 JUDGMENT

The petitioner challenges revenue recovery

proceedings pursuant to the Award passed in

O.P(MV)No.100/2011 on the files of Motor

Accident Claims Tribunal, Thrissur which was

filed by the 4th respondent herein seeking

compensation. It is submitted that the

petitioner and the 5th respondent herein were

set exparte. The petitioner claims that no

notice or summons was issued to the petitioner

and prays for quashing the proceedings

initiated against him.

2. I have heard the learned counsel for

the petitioner as well as the learned

Government Pleader.

3. It is seen that revenue recovery

proceedings have been initiated in

implementation of the orders in O.P(MV)

No.100/2011. The petitioner cannot in any way WP(C) NO. 15018 OF 2022

challenge the revenue recovery proceedings

without challenging the Award passed by the

Tribunal. To enable the petitioner to challenge

Ext.P2 Award, I direct the respondents to keep

all proceedings pursuant to Ext.P3 in abeyance

for a period of three months, so as to obtain

appropriate orders. If the petitioner do not

take steps to challenge Ext.P2 Award within the

time granted above or obtain orders, the

petitioner will lose the benefit of this order

and the revenue recovery proceedings can be

continued against him.

This writ petition is disposed of.

Sd/-

MOHAMMED NIAS C.P.

JUDGE SAS WP(C) NO. 15018 OF 2022

APPENDIX OF WP(C) 15018/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE AGREEMENT.

Exhibit P2 A TRUE COPY OF THE AWARD DATED 15.02.2019 IN O.P (MV) NO. 100/2011 IN THE FILES OF MACT, COURT THRISSUR.

Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE DATED 28.02.2022 OF THE 2ND RESPONDENT.