IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29106 of 2008(M)
1. A.T.MOHAMMEDKUTTY,S/O. ALAVI
... Petitioner
Vs
1. THE TAHSILDAR,
... Respondent
2. P.P.DAMODARAN, S/O. KELU NAIR
3. THAYIL SAJEER, S/O. MOOSA
4. P.P.SUBAIR, S/O. P.K.HASHIM
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent :SRI.K.RAJESH SUKUMARAN
The Hon'ble MR. Justice K.M.JOSEPH
Dated :13/10/2008
O R D E R
K. M. JOSEPH, J.
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W.P.C. NO. 29106 OF 2008 M
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Dated this the 13th October, 2008
JUDGMENT
Petitioner suffered an ex parte award. He has filed a
petition to set aside the ex parte order, accompanied by an
application for condoning the delay of 462 days. In the
meantime, revenue recovery proceedings have been initiated.
Petitioner challenges Exts.P3 and P4 which are the demand
notices issued under the Revenue Recovery Act and seeks a
declaration that the petitioner is not liable to compensate the
second respondent and to direct the Tribunal to pass orders on
Exts.P5 and P6 without delay. According to petitioner, he sold
the vehicle on 16.12.1991 to one Shri A.P. Assu Haji and
thereafter the fourth respondent purchased the vehicle from Shri
A.P. Assu Haji on 19.12.1995 and the fourth respondent is the
registered owner of the vehicle even now. The accident which
is the subject matter of the award, according to petitioner, took
place on 27.3.2000 and according to him, immediately upon
WPC. 29106/08 M 2
receipt of Exts.P3 and P4 notices, he has filed Exts.P5 and P5(a)
and P6 series. Even though notices were seen served by special
messenger and affixiture on respondents 2 to 4, there is
appearance only for the third respondent.
2. I heard the learned counsel appearing for the petitioner,
the learned Government Pleader and also the learned counsel
appearing on behalf of the third respondent. Having gone
through the Writ Petition, I feel that the revenue recovery
proceedings pursuant to Exts.P3 and P4 should be kept in
abeyance for some time. Accordingly, the Writ Petition is
disposed of as follows:
Recovery proceedings pursuant to Exts.P3 and P4 will be
kept in abeyance for a period of three months from today. This
is to enable the petitioner to move for appropriate orders.
K. M. JOSEPH, JUDGE
kbk.