Kerala High Court
Jenin P.J vs Deputy Tahsildar (Revenue Recovery) on 23 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 37177 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
WP(C) NO. 37177 OF 2024
PETITIONER/S:
JENIN P.J
AGED 36 YEARS
S/O. JOSE, PAREKKATT HOUSE, AIRANIKULAM P.O, THRISSUR, PIN - 680734
BY ADVS.
BOBY THOMAS
WINSTON K.V
RESPONDENT/S:
1 DEPUTY TAHSILDAR (REVENUE RECOVERY)
CHALAKUDY TALUK, THIRD FLOOR, MUNICIPAL TOWN HALL COMPLEX, CHALAKUDY,
THRISSUR, PIN - 680307
2 THE NEW INDIA ASSURANCE CO. LTD
1ST FLOOR, SIVAM TOWERS, SOUTH NALUVAZHI, NORTH PARVUR, REPRESENTED BY
ITS BRANCH MANAGER., PIN - 683513
3 KOCHUKALI
AGED 88 YEARS
W/O VALLON, THAIVALAPPIL HOUSE, POOPPATHY, POYYA, PIN - 680733
OTHER PRESENT:
SRI.LALK. JOSEPH-SC
WP(C) NO. 37177 OF 2024
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.10.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The present writ petition has been filed impugning the Revenue
Recovery notices in Exts.P2 and P3 issued to recover the amount as per
the Award passed by the Motor Accidents Claims Tribunal, North
Paravur in O.P.(MV) No.279/2016 dated 11.12.2018.
2. Learned Counsel for the petitioner, after some arguments,
submits that the petitioner is willing to pay the amount, provided he is
permitted to make the payment in instalments as the petitioner does not
have the means to pay the entire amount in one go.
3. Learned Counsel for the respondent Insurance Company, who
has to receive the amount, has not much objection to the prayer for
making payment in instalments.
4. Considering the aforesaid stand of the respondent, the
present writ petition is disposed of on the following terms:
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(i) The petitioner shall pay Rs.5,87,467/- in ten equal monthly
instalments.
(ii) The first instalment is to be paid on or before 15.11.2024 and the
remaining nine instalments on or before the 15th day of each succeeding
month.
(iii) In case of failure to make payment of any instalments as directed
above, the Revenue Recovery proceedings shall get revived, to realise
the balance amount from the petitioner.
The writ petition stands disposed of.
Sd/-
D. K. SINGH
JUDGE
jjj
WP(C) NO. 37177 OF 2024
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APPENDIX OF WP(C) 37177/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AWARD IN O.P(MV) NO.279/2016 OF MOTOR
ACCIDENTS CLAIMS TRIBUNAL, NORTH PARAVUR DATED 11.12.2018
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 09.08.2024 ISSUED BY
THE 1ST RESPONDENT IN FORM NO.10 UNDER THE KERALA REVENUE
RECOVERY ACT, 1968 ALONG WITH ITS ENGLISH TRANSLATION
Exhibit P3 TRUE COPY OF THE DEMAND NOTICES DATED 09.08.2024 ISSUED BY
THE 1ST RESPONDENT IN FORM NO.1 UNDER THE KERALA REVENUE
RECOVERY ACT, 1968 ALONG WITH ITS ENGLISH TRANSLATION
