Kerala High Court
Sujatha vs The District Collector on 16 October, 2025
2025:KER:76983
W.P.(C) No.12151 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947
WP(C) NO. 12151 OF 2025
PETITIONER:
SUJATHA,
AGED 61 YEARS, W/O. DHARMARAJAN K.(LATE)
POIKAYIL HOUSE,
KADAMPANADU SOUTH P.O.,
PATHANAMTHITTA, ADOOR, PIN-691553
BY ADVS.
SRI.K.K.SETHUKUMAR
SMT.SARITHA G.R.
SMT.NISHA MATHEW
SHRI.SREEKRISHNADATH PANDARATHIL E.K.
SHRI.R.RAHUL
SMT.MEENAKSHY V.S.
SMT.PREETHY K.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, PATHANAMTHITTA,
PATHANAMTHITTA P.O., PIN-689645
2 THE DY. TAHASILDAR (RR),
ADOOR TALUK, ADOOR P.O.,
PATHANAMTHITTA DISTRICT, PIN-689645
3 THE VILLAGE OFFICER,
KADAMPANADU VILLAGE, KADAMPANADU P.O.,
PATHANAMTHITTA DISTRICT, PIN-691552
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W.P.(C) No.12151 of 2025
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4 AKHIL R.K.,
AGED 31 YEARS, UDAYANMUTTATHU HOUSE,
ANGADICKAL SOUTH P.O., ANGADICKAL VILLAGE,
PATHANAMTHITTA DISTRICT, PIN-689648
5 SUNIL KUMAR,
AGED 38 YEARS, S/O. DEVARAJAN,
SUNIL BHAVANAM HOUSE,
PUTHENAMBALAM P.O., IVERKALA WEST,
KUNNATHUR, PIN-690553
6 DHARMARAJAN K., (LATE)
AGED 62 YEARS, S/O. KRISHNAN,
POIKAYIL HOUSE,
KADAMPANADU SOUTH P.O.,
ADOOR, PIN-691553
7 DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
MOTOR T.P. CLAIM LTD.,
DIVISIONAL OFFICE, KHAISE BUILDING,
BEACH ROAD, KOLLAM, PIN-691001
BY ADVS.
SRI.K.SHAJ
SHRI.SURESH SUKUMAR
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SMT.MINU VITTORRIA PAULSON
SMT.SAUMYA.P.S
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SMT.K.P.RENJINI
SRI. LAL K. JOSEPH, STANDING COUNSEL,
THE NEW INDIA ASSURANCE CO. LTD.
SRI. SREEJITH V.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.12151 of 2025
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MOHAMMED NIAS C.P., J.
------------------------------------------------
W.P.(C) No.12151 of 2025
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Dated this the 16th day of October, 2025
JUDGMENT
The writ petitioner is the wife of late Dharmarajan, who was
the 2nd respondent in O.P.(MV) No.1023 of 2016, in which an award
was passed on 30.09.2021. The operative portion of the said award
reads as follows:
"In the result, the Original Petition is allowed and the
award is passed as follows:-
(1) The petitioner is allowed to get an amount of
₹4,04,683/- (Rupees Four Lakhs Four Thousand Six
Hundred and Eighty Three Only) as compensation,
together with interest at the rate of 9% per annum from
the date of the petition ie. 05.08.2016, till realization
with proportionate cost, from the assets of the deceased
2nd respondent inherited by his legal heirs including the
additional 4th respondent. The 3rd respondent, being the
insurer of the deceased 2nd respondent, shall pay the
awarded sum to the petitioner and then to recover the
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said sum from the assets of the 2nd respondent inherited
by his legal heirs including the additional 4 th
respondent.
(2) Since the petitioner was initially paid ₹375/- as court
fee to his limited claim, the balance court fee of ₹3,045/-
to be levied from the award amount and the 3rd
respondent shall issue a cheque for that levied amount
in favour of the Tribunal.
(3) The 3rd respondent, shall transfer the balance award
amount by electronic transfer to the Savings Bank
Account of the petitioner, No.37977335319 before the
State Bank of India, Chandanappally Branch with IFSC:
SBIN0070957 as per the details produced by the
petitioner, within one month from the date of this
award, and shall intimate the same to this Tribunal, by
a statement of compliance along with a copy of
transaction records certified by the bank concerned."
2. The above award directed the payment of the
compensation from the assets of the deceased 2 nd respondent (late
Dharmarajan), which were inherited by his legal heirs, including the
additional 4th respondent, who is the writ petitioner herein. The
award has become final.
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3. That apart, the learned Government Pleader has filed a
statement on behalf of the 2nd respondent, producing Annexure R2(a)
to R2(c) documents, which clearly show that the petitioner had
inherited the property of late Dharmarajan, who was the 2 nd
respondent in the award.
Under such circumstances, the petitioner cannot challenge
the revenue recovery action initiated pursuant to the award
mentioned above. There is no merit whatsoever in the writ petition,
and the same will stand dismissed. Taking note of the fact that the
petitioner enjoyed an interim order of stay against the recovery from
25.03.2025 onwards, there will be a further direction to respondents 1
to 3 to proceed further with the revenue recovery proceedings,
without any further delay.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
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APPENDIX OF WP(C) 12151/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE OP(MV)NO.1023/2016 ON
THE FILE OF THE MOTOR ACCIDENT CLAIMS
TRIBUNAL, PATHANAMTHITTA
Exhibit P2 TRUE COPY OF THE AWARD IN
OP(MV)NO.1023/2016 DATED 30/09/2021
Exhibit P3 TRUE COPY OF RR NOTICE NO.2024/10555/03
DATED 10/12/2024 AND REQUESTION
Exhibit P4 TRUE COPY OF THE SETTLEMENT DEED 80
RESPONDENTS' ANNEXURES
Annexure R2(a) TRUE COPY OF THE DOCUMENT NO.776/1/2010,
DATED 14.10.2010
Annexure R2(b) TRUE COPY OF THE SETTLEMENT DEED
Annexure R2(c) TRUE COPY OF THE SETTLEMENT DEED
