IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
MUTHU P.M. – Appellant
Versus
DISTRICT COLLECTOR THRISSUR – Respondent
WP(C) NO. 24725 OF 2025
| Table of Content |
|---|
| 1. challenge to recovery actions on lack of notice. (Para 1) |
| 2. interim order for compliance with deposit. (Para 2) |
| 3. court directed tribunal to decide pending applications. (Para 3) |
| 4. recovery proceedings to be kept in abeyance. (Para 4) |
JUDGMENT
The petitioner challenges the Revenue Recovery Act ions initiated for recovering the amount awarded in O.P. (M.V.) No.791 of 2012 of the Motor Accidents Claims Tribunal, Thrissur. The petitioner contends that they did not get any notice or summons from the Tribunal and came to know about the same only when the notice was received under the provisions of the . This is disputed by the learned counsel appearing for the insurance company by pointing out Ext.P1 award, which refers to the appearance of the petitioner in I.A. No.5569 of 2018 and I.A. No.5570 of 2018, the applications for producing the permit, and the fitness certificate.
2. This Court had passed an interim order directing the petitioner to deposit an amount of Rs.25,000/- (Rupees twenty five thousand only) as a condition for the grant of stay. It is submitted by the petitioner that the same has been complied with.
3. Under such circumstances, taking note of the fact that Exts.P3 and P4 applications to set aside the exparte award with an application to condone the delay in filing the same are pending consideration before the Tribunal, there will be a direction to the Tribunal concerned to pass orders on the same in accordance with law within two months from the date of receipt of a copy of this judgment.
4. Till orders are passed as directed above, all further recovery proceedings against the petitioner shall be kept in abeyance. Needless to say, the amount deposited by the petitioner pursuant to the order passed by this Court will be subject to the final orders to be passed by the Tribunal. All the contentions of the parties are left open.
5. The Registry is directed to communicate this judgment to the Tribunal concerned forthwith.
The writ petition is disposed of as above.
Sd/-
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