High Court of KeralaWP(C)/15991/2015disposed of

Nijesh P.K. v. State Of Kerala

2015-05-29Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).No. 15991 of 2015 (Y) --------------------------------------- PETITIONER(S):

----------------------- NIJESH P.K., AGED 31 YEARS, S/O.KUNJAPPAN, 7/96(1/60), PANDANAD, BLAYIKADAVU ROAD, CHERANALLOOR P.O., COCHIN - 682 034. BY ADVS.SRI.SHYAMDEEP S.SHENOY SRI.S.NIKHIL SANKAR SRI.T.P.MOHAN RAJ SRI.NIKHIL BERNY SMT.C.S.GEETHU RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM - 695 036.

2. DEPUTY THAHSILDAR (RR), KANAYANOOR TALUK, ERNAKULAM, KOCHI - 682 030.

3. NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, PALA, PIN - 686 875.

4. BAJAJ AUTO FINANCE LTD., REPRESENTED BY ITS BRANCH MANAGER, 4TH FLOOR, MANJOORAN ESTATE, CHERANALLOOR ROAD, BYPASS JUNCTION, EDAPPALLY, COCHIN - 682 024.

5. RANI JOY, CHITHRAKUNNEL HOUSE, MALLIKASSERY P.O., VILAKKUMADAM - 686 575.

6. JAISON DAVID ALIAS BIJU, S/O.DAVID, MUNDAPLAKKAL (H), ADUKKAM P.O., TEEKOY - 686 580.

R1 & R2 BY GOVERNMENT PLEADER SRI.R.RANJITH R3 BY ADV. SRI.M.A.GEORGE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 15991 of 2015 (Y) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. TRUE COPY OF DEMAND NOTICE BEARING TALUK FILE NO.2015/12/7/802 ISSUED BY THE RESPONDENT NO.1 DATED 22.05.2015. EXHIBIT P2. TRUE COPY OF REGISTRATION CERTIFICATE ISSUED BY THE REGISTERING AUTHORITY, ERNAKULAM.

EXHIBIT P3. TRUE COPY OF THE INSURANCE POLICY BEARING NO.570600/31/6700000517.

EXHIBIT P4. THE TRUE COPY OF THE AWARD IN O.P.(M.V)NO.211 OF 2012 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA.

EXHIBIT P5. TRUE COPY OF THE NOTICE EVIDENCING THE SEIZURE OF THE VEHICLE BY RESPONDENT NO.4.

EXHIBIT P6. TRUE COPY OF REPRESENTATION/OBJECTION FILED BEFORE THE 2ND RESPONDENT DATED 27.05.2015.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE.

Msv/

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.15991 of 2015 ----------------------------------- Dated this the 29th day of May, 2015

J U D G M E N T

The petitioner has filed this writ petition aggrieved by Ext.P1 revenue recovery proceedings pursuant to Ext.P4 award passed by the Motor Accidents Claims Tribunal, Pala in O.P.(M.V.)No.211/2012.

2. The petitioner's case is that, he is not liable for any claims regarding the vehicle as he has transferred the same and he was not the owner at the time of accident. It appears that, the petitioner was set ex-parte in the proceedings.

3. Since revenue recovery proceedings are initiated pursuant to an award, it cannot be interfered. The petitioner's appropriate remedy is to file an appeal against the award or resort to such other measures available under law.

In that view of the matter, with liberty to the petitioner to seek redressal in appropriate proceedings, this writ petition is disposed of. However, in order to keep right of the petitioner intact, revenue recovery proceedings against the petitioner shall be deferred for a period of three months from today.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.