IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
JOSHY – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C) NO. 47386 OF 2025
| Table of Content |
|---|
| 1. challenge to revenue recovery proceedings under an award. (Para 1 , 2) |
| 2. request for installment payments. (Para 3 , 4) |
| 3. court permits installment payments with conditions. (Para 5 , 6) |
JUDGMENT
The petitioners challenge the revenue recovery proceedings initiated for recovering the amount payable under the award in O.P. (M.V.) No.1064 of 2021 of the Motor Accidents Claims Tribunal, Ernakulam, dated 28.12.2023.
2. The learned counsel for the petitioners submits that though the petitioners had filed an appeal against Ext.P1 award, the same was withdrawn.
3. This Court, upon admission of the writ petition, passed an interim order on 09.01.2026, directing the petitioners to deposit an amount of Rs. 75,000/- (Rupees seventy five thousand only), which the petitioners submit has been complied with.
4. The learned counsel for the petitioners submits that he is only seeking an instalment facility to pay off the entire debt. The learned counsel appearing for the insurance company submits that the amount payable is Rs. 1,56,000/- (Rupees one lakh fifty six thousand only) with interest, which was remitted by the insurance company in favour of the claimants.
5. Accordingly, the writ petition is disposed of, permitting the petitioners to pay the balance amount due in twelve equal monthly instalments starting from 16.03.2026. The subsequent instalments shall be paid on the same day in the succeeding months. If there is any single default from the petitioners, the petitioners will lose the benefit of this judgment, and the respondents will be free to proceed further in accordance with law.
6. The amount already remitted by the petitioners pursuant to the interim order passed by this Court shall be allowed to be withdrawn by the insurance company.
The writ petition is disposed of as above.
Sd/-
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