High Court of KeralaWP(C)/37422/2010disposed of

Abdul Azeez v. The Branch Manager,United India Insuranc

2015-05-28Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 WP(C).No. 37422 of 2010 (C) ---------------------------- PETITIONER :

----------------------- ABDUL AZEEZ, S/O. K.KUNHAMAD, MUTTAMMAL, AMBALATARA VILLAGE, P.O.ACHIKANAM, KASARAGOD DISTRICT.

BY ADVS.SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT(S):

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

1. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, RAHMATH COMPLEX, KOTTACHERRY, KASARAGOD DISTRICT. PIN-671 315

2. THE SPECIAL DEPUTY TAHSILDAR (RR), HOSDURG, P.O. KANHANGAD, KASARAGOD DISTRICT. PIN-671 315 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.37422/2010 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE ATTACHMENT NOTICE DATED 4/5/2009 P2 COPY OF THE SALE NOTICE DATED 11/11/10 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.37422 of 2010 ----------------------------------- Dated this the 28th day of May, 2015

J U D G M E N T

The petitioner has filed this writ petition challenging Ext.P2 proceedings pursuant to the award of Motor Accident Claims Tribunal, Kasaragod in O.P.(M.V) No.150/2004 and O.P.(M.V) No.151/2004.

2. The learned counsel for the petitioner seeks time to find out whether any appeal is filed against the MACT award or not.

3. Considering the facts and circumstances of the case, I am of the view that, if the petitioner is unable to produce any stay order from competent Tribunal or appellate authority within two months from today, the respondents are free to proceed against the petitioner in accordance with law pursuant to the revenue recovery notice.

This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.