Jayarama Shenoy vs The District Collector
2022 Latest Caselaw 3275 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                         WP(C) NO. 9189 OF 2022
PETITIONER:

          JAYARAMA SHENOY,
          AGED 55 YEARS
          S/O. SUBRAYA SHENOY,
          RESIDING AT MALYAS LANE,
          SRI RAMPET, KASARAGOD P.O.,
          KASARAGOD DISTRICT-671121.
          BY ADVS.
          T.MADHU
          C.R.SARADAMANI
          SHAHID AZEEZ
          RENJISH S. MENON


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          KASARAGOD, VIDYANAGAR P.O.,
          KASARAGOD DISTRICT-671123.
    2     THE TAHSILDAR,
          REVENUE RECOVERY,
          KASARAGOD-671121.
    3     THE VILLAGE OFFICER,
          KASARAGOD VILLAGE, KASARAGOD P.O.,
          KASARAGOD DISTRICT-671121.
    4     THE BRANCH MANAGER,
          NEW INDIA ASSURANCE COMPANY LIMITED,
          M.G. ROAD, KASARAGOD,
          KASARAGOD DISTRICT-671121.
    5     AMMU POOJARY,
          AGED 75 YEARS
          S/O. SUBBA POOJARY,
          RESIDING AT NADUBAIL HOUSE, PERLA P.O.,
          KASARAGOD DISTRICT-671552.
 WP(C) NO. 9189 OF 2022
                                 2

            BY ADVS.
            SRI.LAL K.JOSEPH, STANDING COUNSEL
            SRI. BIMAL K. NATH, SENIOR GOVERNMENT PLEADER

     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   18.03.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 9189 OF 2022
                                   3

                   P.V.KUNHIKRISHNAN, J
                 -------------------------------
                  W.P.(C)No. 9189 of 2022
                --------------------------------
         Dated this the 18th day of March, 2022

                            JUDGMENT

The above writ petition is filed with the following prayers:

"(i) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 4 to allow the petitioner to pay the amount covered by Exhibit P2 revenue recovery notice dated 29/11/2014 issued by the second respondent in 15 equated monthly installments, so as to secure the ends of justice.

and

(ii) such other relief's as this Hon'ble Court may deem fit and proper in the circumstances of the case."[SIC]

2. The 5th respondent has filed a claim petition as

O.P.(M.V) No.492/2005 before the Learned Additional

Motor Accidents Claims Tribunal, Kasaragod. As per Ext.P1

award, the claim petition was allowed permitting the 5 th

respondent to realize a sum of Rs.57,000/- with interest at

the rate of 7.5% per annum as compensation from the WP(C) NO. 9189 OF 2022

petitioner, who is the owner of the offending auto rickshaw

and also the driver of the auto rickshaw. The insurance

company was directed to deposit the amount and they are

permitted to recover the amount from the owner and driver

on a finding that the driver of the offending auto rickshaw

was not having an effective driving licence on the date of

the accident. Accordingly, the insurance company paid the

amount and thereafter initiated recovery steps. Based on

the requisition of the insurance company, the revenue

recovery proceedings is initiated. Hence this writ petition

is filed.

3. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader for

respondents 1 to 3. I also heard the learned Standing

counsel appearing for the 4th respondent. In the facts and

circumstance of the case, no notice is necessary to the 5 th

respondent because he is the claimant who already

received the amount from the 4th respondent.

4. The only prayer in this writ petition is to give

instalment facility to clear the entire amount. The WP(C) NO. 9189 OF 2022

petitioner submitted that he will be able to pay the entire

amount by 15 Equal Monthly Instalments. The counsel for

the petitioner submitted that the petitioner is only an auto

rickshaw driver and he is not in a position to pay the entire

amount in bulk. Considering the facts and circumstances of

the case and also after hearing the counsel appearing for

the 4th respondent, I think the prayer in the writ petition

can be allowed.

Therefore, this writ petition is allowed in the following

manner:

i. The petitioner will pay/deposit the entire amount due as

per Ext.P2 revenue recovery notice by way of 15 equal

monthly instalments starting from 15.04.2022.

ii. The recovery proceedings will be kept in abeyance if the

amount is paid as directed above. If there is continuous

default of two months, the revenue recovery steps can be

continued against the petitioner.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM WP(C) NO. 9189 OF 2022

APPENDIX OF WP(C) 9189/2022

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE AWARD DATED 12/03/2010 IN OP(MV) NO.492/2005 ON THE FILES OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KASARAGOD.

EXHIBIT P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 29/11/2014 ISSUED BY THE SECOND RESPONDENT UNDER SECTION 34 OF THE REVENUE RECOVERY ACT.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE