Kerala High Court
Sajan vs The Deputy Tahsildar (Revenue ... on 3 October, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 34515 OF 2024 1
2024:KER:74090
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 34515 OF 2024
PETITIONER:
SAJAN
AGED 38 YEARS
S/O. SADHANANDHAN, RESIDING AT MUTTUTHURUTHIVELI (H),
PANAVALLY PANCHAYATH, WARD -7, PANAVALLY P.O., CHERTHALA,
ALAPPUZHA., PIN - 688566
BY ADVS.
B.PRAMOD
ATHUL M.V.
RESPONDENT S:
1 THE DEPUTY TAHSILDAR (REVENUE RECOVERY),
TALUK OFFICE, CHERTHALA, ALAPPUZHA, PIN - 688524
2 THE VILLAGE OFFICER
PANAVALLY VILLAGE, ALAPPUZHA, PIN - 688526
3 MANOJ
S/O. RAMAKRISHNAN, KALAPURACKAL VEEDU (H), PERUMBALAM
PANCHAYATH, WARD -13, PERUMBALAM.P.O., CHERTHALA,
ALAPPUZHA., PIN - 688570
4 NATIONAL INSURANCE CO LTD.,
REP BY ITS BR. MANAGER, ALAPPUZHA., PIN - 688001
SRI.S. GOPINATHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34515 OF 2024 2
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JUDGMENT
The present writ petition has been filed for the
following prayers:
"i) Issue a writ of mandamus or any other appropriate
writ or direction commanding the respondents 1 and 2
to keep in abeyance the coercive steps against the
petitioner or his assets for recovery of the amount
ordered to be realized vide the order in E. P. No. 83/2023
in O. P. (MV) No. 58/2017 on the file of the MAC Tribunal,
Alappuzha, till the disposal of Ext. P-4 I.A;
ii) Grant such other order as this Hon'ble Court deems fit
and necessary in the facts and circumstance of the case;
iii) Dispense with the translation of the documents
produced in the Vernacular Language."
2. The petitioner was the owner of the offending vehicle. The
third respondent in this Writ Petition filed OP(MV) No. 58/2017.
Despite service of notice, the petitioner chose not to participate in the
proceedings in OP(MV) No.58/2017, and therefore, the petitioner was
set ex-parte. After the award was passed on 20.2.2023, the 4 th
respondent, Insurance Company filed an Execution Petition as EP
No.83/2023 before the MACT,Alappuzha for realization of the amount
from the petitioner.
2024:KER:74090
3. Therefore, the petitioner had approached this Court for
staying the further proceedings in the Execution Petition. This Court
finds no ground to entertain such writ petition and therefore, the same
is hereby dismissed.
Sd/-DINESH KUMAR SINGH
JUDGE
lsn
2024:KER:74090
APPENDIX OF WP(C) 34515/2024
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE DRIVING LICENSE DATED
11.02.2010 ISSUED TO THE PETITIONER
Exhibit P-2 A TRUE COPY OF THE AWARD DATED 20.02.2023 O.
P. (MV) NO. 58/2017 BEFORE THE MAC TRIBUNAL,
ALAPPUZHA
Exhibit P-3 A TRUE COPY OF THE E. P. NO. 83/2023 FILED BY
THE PETITIONER IN O. P. (MV) NO. 58/2017
BEFORE THE MAC TRIBUNAL DATED 05.07.2023
Exhibit P-4 A TRUE COPY OF THE I. A. NO. 1/2024 IN O. P.
(MV) NO. 58/2017 BEFORE THE MAC TRIBUNAL,
ALAPPUZHA DATED 13.05.2024 ALONG WITH ENGLISH
TRANSLATION.
Exhibit P-5 A TRUE COPY OF THE I. A. NO. 5/2024 IN O. P.
(MV) NO. 58/2017 BEFORE THE MAC TRIBUNAL,
ALAPPUZHA DATED 13.05.2024 ALONG WITH ENGLISH
TRANSLATION
