High Court of KeralaWP(C)/22389/2015disposed of

Ramakrishnan v. The District Collector

2015-07-24Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 WP(C).No. 22389 of 2015 (W) ---------------------------- PETITIONER :

----------------------- RAMAKRISHNAN, S/O.BALAN NAIR, MELEPPAT HOUSE, AMAYOOR, PATTAMBI.

BY ADVS.SRI.K.B.ARUNKUMAR SRI.RANJIT BABU RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, (DT (RR)), CIVIL STATION, PALAKKAD, PIN-679 001

2. THE VILLAGE OFFICER, PATTAMBI VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN-679 303

3. THE ORIENTAL INSURANCE COMPANY LTD., PRANAVAM BUILDING PATTAMBI, PALAKKAD DISTRICT, PIN -679 303 R1 & R2 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA R3 BY SMT.K.S.SANTHI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 22389 of 2015 (W) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

THE TRUE COPY OF THE AWARD IN OP(MV) NO.889/2011 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM.

P2:

THE TRUE COPY OF THE DEMAND NOTICE DATED 10.06.2015 ISSUED BY THE 1ST RESPONDENT.

P3:

THE TRUE COPY OF THE NOTICE DATED 10.06.2015 ISSUED BY THE 1ST RESPONDENT.

P4:

THE TRUE COPY OF THE RECEIPT ISSUED TO THE PETITONER. RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.22389 of 2015 ****************************************************************************** Dated this the 24th day of July, 2015

JUDGMENT

The petitioner is liable to pay compensation amount as per the award of the Motor Accident Claims Tribunal, Ottapalam has approached Court challenging revenue recovery proceedings. 2.

It appears that the petitioner initially had intended to file an appeal and he has deposited Rs.25,000/-. Now, it is submitted that the petitioner is not intend to file the appeal and he may be given time to discharge the entire liability by way of instalments. Considering the facts and circumstances, this writ petition is disposed of with the following directions:

i. The petitioner is permitted to withdraw Rs.25,000/- deposited before the Motor Accident Claims Tribunal, Ottappalam.

ii. If such an application is filed by the petitioner in O.P. (MV) No.889/2011, the Motor Accident Claims Tribunal, Ottappalam shall permit the petitioner to withdraw the amount, if the amount is not already released to the Insurance Company.

W.P.(C) No.22389 of 2015 2 iii. If the amount has been released to the Insurance Company, that amount shall be adjusted against the liability of the petitioner.

iv. The petitioner shall discharge the entire liability due to the Insurance Company in 15 equal monthly instalments starting from 20.8.2015.

v. If the petitioner commits default in repaying anyone of the instalments, the respondents are free to proceed against the petitioner in accordance with law. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln