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2026 Supreme(Online)(Ker) 13284

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
MAHESH KUMAR – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 46795 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.NEERAJ NARAYAN, SHRI. GIRISH KUMAR M S, SHRI. AKASH S.
For the Respondents: SRI. R.T.PRADEEP, SHRI.NIRANJAN T. PRADEEP, SRI. LAL K. JOSEPH, SRI. P.S. APPU, GP.

The court ruled on the procedure for challenging an ex-parte award and set timelines for tribunal consideration of applications.

Headnote:This judgment addresses the petitioner's challenge to revenue recovery proceedings stemming from an award in O.P. (M.V.) No.796 of 2010. The petitioner sought to set aside an ex-parte award and condone the delay in the application. The court ordered a stay on recovery proceedings, directing the Tribunal to decide on the applications within three months. The final outcome is that all recovery actions against the petitioner will be paused pending the Tribunal's orders.

Table of Content
1. challenge to the revenue recovery proceedings. (Para 1 , 2)
2. court ordered stay on recovery. (Para 3)
3. direction for reconsideration by tribunal. (Para 4)
4. writ petition resolved with specific orders. (Para 5 , 6)

JUDGMENT

The petitioner challenges Ext.P2 revenue recovery proceedings initiated for recovering the amount payable under the award in O.P. (M.V.) No.796 of 2010 of the Motor Accidents Claims Tribunal, Neyyattinkara.

2. The petitioner submits that against Ext.P1 award, he had preferred an application to set aside the exparte award and also an application to condone the delay in applying for the same.

3. This Court, upon admission of the writ petition, granted a stay on 12.12.2025, directing the petitioner to deposit an amount of Rs. 50,000/- (Rupees fifty thousand only), which the petitioner submits has been complied with.

4. Taking note of the above, there will be a direction to the Motor Accidents Claims Tribunal, Neyyattinkara, to consider and pass orders on the applications to set aside the exparte award and the application to condone the delay for applying for the same within three months from the date of receipt of a copy of this judgment.

5. Till orders are passed as directed above, all further recovery proceedings against the petitioner shall be kept in abeyance. All the contentions of the parties are left open.

6. 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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