High Court of KeralaWP(C)/28605/2015disposed of

R.V.Nasar v. The Special Deputy Tahsildar (Rr), Ponnani

2015-09-22Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937 WP(C).No. 28605 of 2015 (A) ---------------------------- AGAINST THE ORDER/JUDGMENT IN OPMV 1344/2008 of M.A.C.T.,PERUMBAVOOR DATED 18-06-2014 PETITIONER(S):

-------------- R.V.NASAR, AGED 42 YEARS S/O.K.KAZIM RARUVALAPPIL HOUSE KAPILANGATTIL,MARACHERI.P.O ERAMANGALAM, PONNANI MALAPPURAM DISTRICT, PIN-679577 BY ADVS.SRI.T.K.VIPINDAS SMT.PREM BINDU T.K.

SRI.K.V.SREE VINAYAKAN SRI.K.M.MUHAMMED HUSSAIN RESPONDENT(S):

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

1. THE SPECIAL DEPUTY TAHSILDAR (RR), TALUK OFFICE, PONNANI-676101

2. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED BRANCH OFFICE, TIRUR C.K.H.BUILDING, THAZHEPALAM, PONNANI ROAD, TIROOR, PIN-676 101 BY GOVERNMENT PLEADER SMT.LILLY.K.T BY SMT.K.S.SANTHI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28605 of 2015 (A) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1: TRUE COPY OF THE AWARD IN O.P(MV) NO.1344/2008 BEFORE THE MACT, PERUMBAVOOR DATED 18.06.2014 EXT.P2: TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED 10.06.2015 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.28605 of 2015 ............................................................. Dated this the 22nd day of September, 2015

J U D G M E N T

The petitioner who is faced with revenue recovery proceedings, for recovery of amounts confirmed against him by an award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P(MV).No.1344 of 2008 seeks an instalment facility to discharge the liability to the respondents.

2. I have heard the learned counsel for the petitioner, the learned Government Pleader for the 1st respondent and the learned Standing counsel for the 2nd respondent.

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and taking note of the plea of financial hardship urged on behalf of the petitioner, I dispose the writ petition with the following directions:

(i) The total amount demanded from the petitioner by Ext.P2 notice is Rs.1,02,755/- together with collection charges. Accordingly, if the petitioner pays the said amount of Rs.1,02,755/-, together with collection charges in ten equal successive

W.P.(C).No.28605 of 2015 monthly instalments commencing from 15.10.2015, 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 1st respondent will be free to continue the recovery proceedings against him from the stage at which they presently stand.

A.K.JAYASANKARAN NAMBIAR JUDGE mns