High Court Kerala High Court

Ammini vs The State Of Kerala on 13 March, 2008

Kerala High Court
Ammini vs The State Of Kerala on 13 March, 2008
       

  

  

 
 
  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.
             ------------------------------------
                       W.P.(C) 8483 of 2008
             -------------------------------------
                      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/-