The court emphasized that recovery actions should be paused pending adjudication of applications to set aside an ex parte award to ensure fair judicial process.

JUDGMENT

Against Ext.P1 ex parte award, the petitioner preferred Exts.P4 and P5 applications for setting aside the ex parte award and for condonation of delay in filing the application for setting aside the award. The case of the petitioner is essentially that even before these applications were considered by the MACT, Alappuzha, recovery steps for recovery of the amounts confirmed against the petitioner by the award had been initiated through Exts.P2 and P3 revenue recovery notices. The prayer of the petitioner is for a direction to the MACT, Alappuzha, to consider Exts.P4 and P5 applications and to keep in abeyance the recovery steps, pursuant to Exts.P2 and P3 notices, in the meanwhile.

2. I have heard the learned counsel for the petitioner, the learned Government Pleader for respondents 1 and 2. In the nature of the orders that I propose to pass, I do not deem it necessary to hear the 3rd respondent.

On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I dispose the writ petition by directing the MACT, Alppuzha, to consider and pass orders on Exts.P4 and P5 applications within a month from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery proceedings, pursuant to Exts.P2 and P3 notices, shall be kept in abeyance till such time the orders are passed by the MACT, Alappuzha, as directed, and the orders communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of the judgment before the MACT, Alappuzha and the respondents, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE Dxy APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE AWARD DATED

21.08.2017 IN O.P(MV) NO.146/2012 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED

07.01.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED

13.01.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS UNDER SECTION 34 OF THE KERALA, REVENUE RECOVERY ACT EXHIBIT P4 A TRUE COPY OF IA NO 303/2020 IN O.P(MV)

NO.146/2012 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA FOR SETTING ASIDE THE EXPARTE AWARD EXHIBIT P5 A TRUE COPY OF IA NO 302/2020 IN O.P(MV)

NO.146/2012 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA FOR CONDONING THE DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE EXPARTE AWARD