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2025 Supreme(Online)(Ker) 57063
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
ABDUL RAOOF – Appellant
Versus
THE DEPUTY TAHSILDAR (REVENUE RECOVERY) – Respondent
WP(C) NO. 32282 OF 2023
For the Appellants/Petitioners: SHRI.R.K.MURALEEDHARAN, SMT.ATHIRA A.MENON
For the Respondents: SHRI.K.P.SUDHEER, SHRI.SHERRY M.V., SRI. RIYAL DEVASSY, GP.
Court may stay revenue recovery actions pending final adjudication in related cases.
Headnote:The petitioners challenge notices issued under Revenue Recovery Act regarding recovery of an amount awarded by the Motor Accidents Claims Tribunal. After a prior appeal was allowed and an amount remitted, the revenue action is stayed until the final disposal of related motor accident case. The 3rd respondent is permitted to withdraw the deposited amount. Verdict: Writ petition is disposed of as above.
| Table of Content |
|---|
| 1. challenge to recovery notices under revenue recovery act. (Para 1) |
| 2. prior application and payment details regarding ex-parte award. (Para 2) |
| 3. stay on revenue recovery until case disposal. (Para 3) |
| 4. permission for withdrawal of secured amount. (Para 4) |
JUDGMENT
The petitioners challenge Exts. P5 and P6 notices issued under the provisions of the Revenue Recovery Act to recover the amount awarded by the Motor Accidents Claims Tribunal, Tirur, in OP(MV) No.753/2019. This writ petition was filed at a time when the applications preferred by the petitioners to set aside the ex-parte award were pending consideration.
2. Thereafter, the applications were considered and rejected, against which the petitioners had preferred OP(MAC) No. 160/2023, which was allowed by this Court on 05.11.2025, on condition that the petitioners remit an amount of Rs.2,00,000/- within one month from the date of receipt of a copy of this judgment. It is submitted by both sides that the petitioners had remitted Rs.2,00,000/- and the ex-parte award has been set aside.
3. As the amount directed in OP(MAC) 160/2023 has been paid and the petitioners are to be allowed to contest on merits, the revenue recovery action against the petitioners shall not proceed till the final disposal of OP(MV) No. 753/2019 on the files of the Motor Accidents Claims Tribunal, Tirur.
4. The learned counsel appearing for the 3rd respondent prays for a direction to release the amount deposited by the petitioners herein. Taking note of the fact that the award amount is more than Rs.14 lakhs, the 3rd respondent is permitted to withdraw the amount deposited by the petitioners, on an appropriate application before the Tribunal.
The writ petition is disposed of as above.
