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2013 Supreme(Online)(KER) 14843

HIGH COURT OF KERALA
V.CHITAMBARESH, J
MUHAMMED MUSTHAQUE K P – Appellant
Versus
THE CHIEF SECRETARY – Respondent


JUDGMENT

It may be true that the petitioner is a person suffering from disability as defined under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 . But no statutory provision has been brought to my notice to show that such a person is exempt from being proceeded against under the Kerala Revenue Recovery Act, 1968 .

2. The petitioner has admittedly been found liable to pay compensation to the claimant in OP(MV) No. 711/2008 on the file of the Motor Accident Claims Tribunal, Manjeri. The Writ Petition is bad for non joinder of the claimant and the liability fastened under the Award in OP(MV) No. 711/2008 has not been questioned further in appeal also.

3. The petitioner is bound to honour the award in OP (MV) No. 711/2008 and Exts.P1 and P2 demand notices issued to recover the amount cannot therefore be faulted with. I however permit the petitioner to pay the amount demanded therein in two equal monthly instalments in the month of November and December, 2013.

4. The petitioner wants to shift the liability to the fourth respondent on the ground that the department of social justice is concerned with differently abled persons. Bu

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