IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8483 of 2008(I)
1. AMMINI, W/O. NANUACHARY,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DISTRICT COLLECTOR, KOTTAYAM.
3. THE MANAGING DIRECTOR,
For Petitioner :SRI.RAJEEV V.KURUP
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :13/03/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 8483 of 2008
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Dated: MARCH 13, 2008
JUDGMENT
Petitioner submits that he was the claimant in OP(MV)
1758/95 of MACT, Kottayam, in which Ext.P1 award was passed.
Subsequently petitioner filed E.P.235/2004 in which a recovery
certificate was issued to the 2nd respondent for getting the
compensation recovered from the 3rd respondent. The complaint in
the writ petition is that due to the inaction on the part of the 2nd
respondent, compensation has not been recovered even as on date.
It is in this background that the writ petition has been filed for
directing the 2nd respondent to initiate revenue recovery
proceedings against the 3rd respondent for recovery of the amount
ordered in Ext.P1.
2. Since Ext.P1 award has become final and the Tribunal has
issued recovery certificate, it is the duty of the 2nd respondent to
ensure that the amount ordered by the Tribunal is recovered by
taking recourse to the provisions of the Revenue Recovery Act.
WP(C) 8483/08
Page numbers
3. Therefore I direct that the 2nd respondent shall take all
endeavour to recover the amount in pursuance to the recovery
certificate issued in E.P.235/04 in OP(MV) 1758/95 of MACT,
Kottayam.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
mt/-