High Court of KeralaWP(C)/24181/2015disposed of

M/S. Cherukattu Industries v. State Of Kerala

2015-08-10Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 WP(C).No. 24181 of 2015 (W) ---------------------------------------- PETITIONER(S):

---------------------- M/S. CHERUKATTU INDUSTRIES, MARINE DIVISION, AROOR P.O., PIN-688 534, ALAPPUZHA DISTRICT, REPRESENTED BY ITS MANAGING PARTNER C.A.NAZAR. BY ADVS.SRI.M.MOHAMED NAVAZ SRI.T.P.SAJAN SRI.P.SANTHOSH KUMAR (TR) RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001.

2. DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, ALAPPUZHA-688 001.

3. DEPUTY THAHASILDAR, REVENUE RECOVERY, TALUK OFFICE, CHERTHALA ALAPPUZHA DISTRICT-688 547

4. THE NATIONAL INSURANCE COMPANY LTD, REPRESENTED BY ITS AUTHORIZED OFFICER DIVISIONAL OFFICE, AJAY VIHAR, M.G.ROAD, KOCHI-682 016.

R1-3 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA R4 BY SRI.M.A.GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24181 of 2015 (W) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1TRUE COPY OF THE DRIVING LICENSE OF THE SECOND RESPONDENT IN OP(MV) 1092/2012.

EXT.P2TRUE COPY OF THE AWARD PASSED BY MOTOR ACCIDENTS CLAIMS TRIBUNAL IN OP(MV) 1092/2012 EXT.P3TRUE COPY OF THE DEMAND NOTICE DATED 15.07.2015 UNDER SECTION 7 OF THE RR ACT IN THE NAME OF PETITIONER EXT.P4TRUE COPY OF THE DEMAND NOTICE 15.07.2015 UNDER SECTION 34 OF THE RR ACT IN THE NAME OF PETITIONER EXT.P5TRUE COPY OF THE REPRESENTATION SUBMITTED TO 3RD RESPONDENT ON 21.07.2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 24181 of 2015 ------------------------------------------- Dated this the 10th day of August, 2015

J U D G M E N T

The petitioner challenging revenue recovery proceedings has approached this Court. The liability of the petitioner is under the Award of Motor Accidents Claims Tribunal. Petitioner submits that he was an ex-parte and now he has taken steps to set aside the ex-parte Award.

In the facts and circumstances of the case, following directions are issued:

(i) The revenue recovery proceedings against the petitioner shall be deferred for a period of 3 months from today. (ii) If the petitioner makes an application for setting aside the ex-parte Award, it shall be considered within two months from the date of moving such application before the Tribunal. This writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.