Kerala High Court
P. Padmanabhan vs State Of Kerala on 27 January, 2025
2025:KER:6065
WP(C) Nos.2929, 2946 & 2967 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
WP(C) NO. 2929 OF 2025
PETITIONER/S:
P. PADMANABHAN, AGED 70 YEARS
S/O. RAMAN NAIR, PERINGATH HOUSE, PERALAM P.O,
KOZHUMMAL, KARIVELLUR, KANNUR DISTRICT., PIN - 670521
BY ADVS.
M.ANUROOP
M.DEVESH
MURSHID ALI M.
JYOTHIS MARY
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE DEPUTY TAHASILDAR (RR)
PAYYANUR TALUK OFFICE, PAYYANUR P.O,
KANNUR DISTRICT., PIN - 670307
3 THE UNITED INDIA INSURANCE COMPANY LTD,
PB NO. 1, SREEKUMAR BUILDING, SOUTH JUNCTION CHALAKUDY,
THRISSUR DISTRICT, REPRESENTED BY ITS BRANCH
MANAGER.,PIN -680307
SRI. P.K.MANOJKUMAR, SC
SRI. SREEJITH V.S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2025, ALONG WITH WP(C).2946/2025, 2967/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:6065
WP(C) Nos.2929, 2946 & 2967 OF 2025 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
WP(C) NO. 2946 OF 2025
PETITIONER/S:
P. PADMANABHAN,AGED 70 YEARS
S/O. RAMAN NAIR, PERINGATH HOUSE, PERALAM P.O.,
KOZHUMMAL, KARIVELLUR, KANNUR DISTRICT, PIN - 670521
BY ADVS.
M.ANUROOP
M.DEVESH
MURSHID ALI M.
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DEPUTY TAHASILDAR (RR),PAYYANUR TALUK OFFICE,
PAYYANUR P.O., KANNUR DISTRICT, PIN - 670307
3 THE UNITED INDIA INSURANCE COMPANY LTD.,
PB NO. 1, SREEKUMAR BUILDING,
SOUTH JUNCTION CHALAKUDY, THRISSUR DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER, PIN - 680307
SRI. P.K.MANOJKUMAR, SC,
SRI. SREEJITH V.S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2025, ALONG WITH WP(C).2929/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:6065
WP(C) Nos.2929, 2946 & 2967 OF 2025 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
WP(C) NO. 2967 OF 2025
PETITIONER/S:
P. PADMANABHAN,AGED 70 YEARS
S/O. RAMAN NAIR, PERINGATH HOUSE, PERALAM P.O.,
KOZHUMMAL, KARIVELLUR, KANNUR DISTRICT, PIN - 670521
BY ADVS.
M.ANUROOP
M.DEVESH
MURSHID ALI M.
JYOTHIS MARY
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DEPUTY TAHASILDAR (RR),PAYYANUR TALUK OFFICE,
PAYYANUR P.O., KANNUR DISTRICT, PIN - 670307
3 THE UNITED INDIA INSURANCE COMPANY LTD.,
PB NO.1, SREEKUMAR BUILDING, SOUTH JUNCTION, CHALAKUDY,
THRISSUR DISTRICT, REPRESENTED BY ITS BRANCH MANAGER,
PIN - 680307
SRI. P.K.MANOJ KUMAR, SC, SRI. SREEJITH V.S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2025, ALONG WITH WP(C).2929/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:6065
WP(C) Nos.2929, 2946 & 2967 OF 2025 4
JUDGMENT
[WP(C) Nos.2929/2025, 2946/2025, 2967/2025]
Petitioner in these writ petitions are common. He is
before this Court being aggrieved by the revenue recovery
proceedings initiated against him for recovery of amounts
payable by him under O.P.(MV) Nos.99, 100 and 101 of 2016
on the file of the Motor Accident Claims Tribunal,
Taliparamba.
2. Learned counsel appearing for the petitioner
submits that the petitioner is only seeking for some
reasonable instalments to clear the liability.
3. Heard the learned Government Pleader and the
learned Standing Counsel appearing for the Insurance
Company also.
4. Since the respondent-Insurance Company has
already paid amounts to the claimants, it is not necessary to
hear the claimants in these writ petitions.
5. Having heard the learned counsel appearing for
the petitioner, the learned Government Pleader appearing for
the official respondents and the learned Standing Counsel for
the Insurance Company, I am of the view that the petitioner
2025:KER:6065
can be permitted to clear the liability (in respect of which
revenue recovery proceedings now been initiated) together
with any accrued interest and costs in fifteen equal monthly
instalments commencing from 10.02.2025. The the
subsequent instalments shall be paid on or before the 10 th day
of each succeeding months. In the event of default of any one
instalment, the respondents shall be entitled to proceed in
accordance with law. In order to enable the petitioner to
repay the entire amounts, all coercive proceedings shall be
kept in abeyance.
Sd/-
GOPINATH P.
JUDGE
ajt
2025:KER:6065
APPENDIX OF WP(C) 2929/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE EXECUTION PETITION FILED BY
THE INSURANCE COMPANY IN PETITION IN IA
01/2024 IN OP(MV) NO. 99/2016 BEFORE THE
HON'BLE MOTOR ACCIDENT CLAIMS TRIBUNAL,
TALIPARAMBA DATED 01-07-2024
Exhibit P2 TRUE COPY OF THE DEMANDNOTICE U/S 34 & 7
ISSUED BY THE DEPUTY TAHASILDAR(RR), PAYYANUR
TALUK TO PETITIONER DATED 09-01-2025
2025:KER:6065
APPENDIX OF WP(C) 2946/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE EXECUTION PETITION FILED BY
THE INSURANCE COMPANY IN PETITION IN IA
01/2024 IN OP(MV) NO. 100/2016 BEFORE THE
HON'BLE MOTOR ACCIDENT CLAIMS TRIBUNAL,
TALIPARAMBA DATED 01-07-2024
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE U/S 34 &7
ISSUED BY THE DEPUTY TAHASILDAR(RR),
PAYYANURTALUK TO PETITIONER DATED 09-01-2025
2025:KER:6065
APPENDIX OF WP(C) 2967/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE EXECUTION PETITION FILED BY
THE INSURANCE COMPANY IN PETITION IN IA
01/2024 IN OP(MV) NO. 101/2016 BEFORE THE
HON'BLE MOTOR ACCIDENT CLAIMS TRIBUNAL,
TALIPARAMBA DATED 01-07-2024
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE U/S 34 &7
ISSUED BY THE DEPUTY TAHASILDAR (RR),
PAYYANUR TALUK TO PETITIONER DATED 09-01-2025
