High Court of KeralaWP(C)/19584/2015disposed of

Benny Mani v. Mary

2015-06-30Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 ---------------------------- PETITIONER :

------------------ BENNY MANI, AGED 47 YEARS, S/O.MANI, NEDUNGATTU HOUSE, PAINGOTTOOR POST, KADAVOOR VILLAGE, ERNAKULAM DISTRICT, 686671. BY ADVS.SRI.JAISON JOSEPH SRI.P.S.APPU RESPONDENTS :

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

1. MARY, AGED 65 YEARS W/O.ULAHANNAN @ KUNJAPPAN RESIDING AT MUNDANCHIRAYIL, KULAPPURAM KARA PAINGOTTOOR POST, ERNAKULAM DISTRICT, PIN 686671.

2. SAJI, AGED 41 YEARS S/O.ULAHANNAN @ KUNJAPPAN RESIDING AT MUNDANCHIRAYIL, KULAPPURAM KARA PAINGOTTOOR POST, ERNAKULAM DISTRICT, PIN 686671.

3. SHINY, AGED 39 YEARS W/O.GEORGE, KODUVELIL HOUSE, PAINGOTTOOR POST ERNAKULAM DISTRICT, PIN 686671.

4. SHAJU, AGED 37 YEARS S/O.ULAHANNAN @ KUNJAPPAN RESIDING AT MUNDANCHIRAYIL, KULAPPURAM KARA PAINGOTTOOR POST, ERNAKULAM DISTRICT, PIN 686671.

5. SHIBU, AGED 36 YEARS S/O.ULAHANNAN @ KUNJAPPAN RESIDING AT MUNDANCHIRAYIL, KULAPPURAM KARA PAINGOTTOOR POST, ERNAKULAM DISTRICT, PIN 686671.

6. SANTHOSH, AGED 34 YEARS S/O.ULAHANNAN @ KUNJAPPAN RESIDING AT MUNDANCHIRAYIL, KULAPPURAM KARA PAINGOTTOOR POST, ERNAKULAM DISTRICT, PIN 686671.

7. PIOUS MANI NEDUNGATTU HOUSE, PAINGOTTOOR POST, KADAVOOR VILLAGE ERNAKULAM DISTRICT, PIN 686671.

8. NATIONAL INSURANCE COMPANY LIMITED THODUPUZHA, ERNAKULAM DSITRICT, PIN 685584.

9. THE TAHSILDAR REVENUE RECOVERY, TALUK OFFICE, KOTHAMANGALAM ERNAKULAM, PIN 686691.

BY SRI.M.A.GEORGE R8 & R9 BY SENIOR GOVERNMENT PLEADER SMT. SHOBA ANNAMMA EAPPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE PHOTOSTAT COPY OF THE AWARD DATED 21.05.2012 MADE IN O.P.(MV) NO.1054/2006 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA.

EXHIBIT-P2:

TRUE PHOTOSTAT COPY OF NOTICE ISSUED BY THE DEPUTY THAHASILDAR (REVENUE RECOVERY), KOTHAMANGALAM, DATED 5.5.2015 U/S 7 OF RR ACT.

EXHIBIT-P3:

TRUE PHOTOSTAT COPY OF NOTICE ISSUED BY THE DEPUTY THAHASILDAR (REVENUE RECOVERY), KOTHAMANGALAM, DATED 5.5.2015 U/S 34 OF RR ACT.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.19584 of 2015 ----------------------------------- Dated this the 30th day of June, 2015

J U D G M E N T

The petitioner has approached this Court impugning revenue recovery proceedings based on the MACT award produced as Ext.P1.

2. The petitioner submits that, he has already filed an appeal along with delay condonation petition.

3. In that view of the matter, the revenue recovery proceedings against the petitioner shall be deferred for a period of three months to work out alternate remedy in appeal. This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.