IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28586 of 2009(P)
1. PEETHAMBARAN, S/O. KANNAN,
... Petitioner
Vs
1. DEPUTY TAHSILDAR(RR) THODUPUZHA.
... Respondent
2. NATIONAL INSURANCE CO., REP. BY
3. BABY S/O. MATHEW, PUTHENPURACKAL HOUSE
4. THOMAS PEMBLARICKAL KURUMBALAMATTOM
For Petitioner :SRI.E.D.GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :12/10/2009
O R D E R
C.K. ABDUL REHIM, J.
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W.P.(C)No. 28586 of 2009
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Dated this the 12th day of October, 2009
J U D G M E N T
1. Petitioner is aggrieved by revenue recovery steps
initiated against him under Ext.P2 & P3 notices, for
realizing amounts covered under the award in O.P. (M.V.)
No. 1074/2003 of Motor Accident Claims Tribunal,
Thodupuzha. Petitioner was implicated as 2nd respondent in
the above said claim petition, on the premise that he was
the owner of the vehicle involved in the accident. At the
same time the 3rd respondent herein was also implicated as
4th respondent in the said claim petition, in the capacity as
owner. According to the petitioner the vehicle in question
was transfered much prior to the accident, to the 3rd
respondent herein. In fact registered ownership also stood
transfered as on the date of accident. The petitioner was
having no knowledge about the accident and about filing of
the claim before the Tribunal. According to the petitioner
he had not received any notice from the Tribunal and in the
W.P.(C)No. 28586 of 2009
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award he was set exparte. He came to know only when the
notice of recovery was received, is the contention. It is
stated that the petitioner had already filed application for
getting certified copy of the Award and he is proposing to
file appeal against the Award. Limited prayer of the
petitioner to keep in abeyance all recovery steps, in order to
facilitate him to prefer an appeal against the award.
2. I am of the opinion that a breathing time can be
granted in this regard to facilitate the petitioner to prefer
appeal before this court and seek appropriate remedy.
3. In the result the writ petition is disposed of
directing the respondents to keep in abeyance all further
steps initiated pursuant to Exts.P2 & P3 notices for a period
of two months from today in order to facilitate the petitioner
to obtain certified copy of the award and move in appeal
against the award.
C.K. ABDUL REHIM
JUDGE
shg/