High Court of KeralaWP(C)/5876/2015disposed of

K.C.George v. District Collector, Pathanamthitta

2015-02-24Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 WP(C).No. 5876 of 2015 (H) --------------------------- WRIT PETITIONER:

------------------------------- K.C.GEORGE, S/O.MATHAI CHACKO,AGED 70 YEARS, AZHAKATHU VEEDU, KANJEETTUKARA.P.O., AYIROOR SOUTH, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.ARUN.B.VARGHESE SRI.JAYKAR.K.S.

SMT.M.B.DHANYA BABU RESPONDENTS:

-----------------------------

1. THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, PATHANAMTHITTA-689 645.

2. THE VILLAGE OFFICER, AYIROOR VILLAGE OFFICE, AYIROOR, PATHANAMTHITTA DISTRICT-689 645.

3. FRANCIS.C.V, S/O.V.C.VARAPPAN, CHIRAYATHU VEEDU, VENPALA, KUTTUR, THIRUVALLA-689 101.

R1 & R2 BY GOVERNMENT PLEADER SRI.SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 5876 of 2015 (H) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF THE FORM NO.10 ISSUED TO THE WRIT PETITIONER UNDER THE REVENUE RECOVERY ACT EXT.P2 TRUE COPY OF THE AWARD DATED 6/4/2013 IN O.P(MV)NO.758/2005 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA. EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 1/2/2015 SUBMITTED BEFORE THE FIRST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

NIL ---------------------------------------- /TRUE COPY/ P.A.TO.JUDGE sts

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. ............................................................. Dated this the 24th day of February, 2015 J U D G M E N T The limited prayer of the petitioner, against whom recovery proceedings have been initiated for recovery of the amounts confirmed against him by an award of Motor Accidents Claims Tribunal, Pathanamthitta, is for the grant of instalments to discharge the liability due to the respondents.

2. I have heard Sri.Arun B.Varghese, the learned counsel for the petitioner and Sri.Shyson P.Manguzha, the learned Government Pleader on behalf of the official respondents.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and taking into account the plea of financial hardship urged by the petitioner, I dispose the writ petition with the following directions: i. The total amount outstanding from the petitioner to the respondents is stated to be Rs.1,43,983/- together with accrued interest and other charges. Accordingly, if the petitioner pays the aforesaid amount of Rs.1,43,983/-, together with accrued interest and other charges, in six equal successive monthly instalments commencing from 05.03.2015, then further proceedings for

recovery shall be kept in abeyance.

ii. It is made clear that if the petitioner commits a default in respect of any of the instalments, he will lose the benefit of this judgment and the respondents will be free to continue the recovery proceedings against him from the stage at which they presently stand.

A.K.JAYASANKARAN NAMBIAR JUDGE mns