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2026 Supreme(Online)(Mad) 1141

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice ABDUL QUDDHOSE
G.DESINGU – Appellant
Versus
THE UNION OF INDIA – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-01-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP No. 543 of 2026 AND WMP NO. 648 OF 2026 G.Desingu Petitioner(s)

Vs

1. The Union Of India rep. by its Chief Secretary, Government of Puducherry, Puducherry.

2.The sub collector (revenue) North, Government of Puducherry, Kamaraja Salai, New Saram, Puducherry-605 013

3.The Tahsildar-cum-executive magistrate, Taluk office Oulgaret, Revenue Department, Government of Puducherry, ECR road, Pakkumudayanpet, Puducherry-605 008

4.The Managing Director Oriental Insurance co Ltd, No.669, Kamala Arcade, 2nd floor, Anna Salai, Chennai.

Respondent(s)

PRAYER calling for the records of the impugned notice dated 22.10.2025 vide No.4826/ TOO/D/ RR/ 2025 issued by the 3rd respondent and quash same as it is being illegal, arbitrary, Highhanded and without Jurisdiction.

For Petitioner(s): Mr.V.P.Chamuraj For Respondent(s): Mr.V.Vasanthakumar, AGP(pondy) for R1 to R3

ORDER

This writ petition has been filed, challenging the impugned notice dated

22.10.2025 issued by the third respondent pursuant to the award passed by the Motor Accidents Claims Tribunal against the petitioner.

2.Under the aforesaid award, the petitioner has been called upon to pay certain sum of money on account of a motor accident. The petitioner claims that he has already filed an application before the Motor Accidents Claims Tribunal seeking to set aside the exparte award and the said application is pending. Therefore, he contends that since the said application is pending, no coercive steps can be taken against the petitioner by the third respondent through the impugned notice dated 22.10.2025.

3.Mr.V.Vasanthakumar, learned Additional Government Pleader (Puducherry) accepts notice on behalf of the respondents 1 to 3.

4.The relief that is sought for in this writ petition cannot be granted by this Court. The petitioner has to redress his grievance only before the Motor Accidents Claims Tribunal. Admittedly, the petitioner has already filed an application before the Motor Accidents Claims Tribunal seeking to set aside the exparte award. The petitioner will have to seek for stay of the exparte award only before the Motor Accidents Claims Tribunal. The impugned notice dated 22.10.2025 has been issued by the third respondent only pursuant to the exparte award passed against the petitioner. This Court under Article 226 of the Constitution of India cannot interfere with the same unless and until the award is set aside or the award is stayed by the Motor Accidents Claims Tribunal. 5.When the petitioner has already approached the Motor Accidents Claims Tribunal seeking to set aside the exparte award, necessarily, he has to approach only the Motor Accidents Claims Tribunal and not to file a separate writ petition before this Court, challenging the impugned notice, which has been issued pursuant to the passing of the award by the Motor Accidents Claims Tribunal.

6.For the foregoing reasons, this writ petition is disposed of by directing the petitioner to approach the Motor Accidents Claims Tribunal, which has passed the award against him seeking for setting aside the said award as well as for seeking stay of enforcement of the award. Consequently, connected WMP is closed. No costs.

19-01-2026 vga To

1.The Union Of India rep. by its Chief Secretary, Government of Puducherry, Puducherry.

2.the sub collector (revenue) North, Government of Puducherry, Kamaraja Salai, New Saram, Puducherry-605 013

3.The Tahsildar-cum-executive magistrate, Taluk office oulgaret, Revenue Department, Government of Puducherry, ECR road, Pakkumudayanpet, Puducherry-605 008

4.The Managing Director Oriental Insurance co Ltd, No.669, Kamala Arcade, 2nd floor, Anna Salai, Chennai.

ABDUL QUDDHOSE J.

vga AND WMP NO. 648 OF

2026

19-01-2026

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