High Court Kerala High Court

P.I.Abdul Nazeer vs Deputy Tahsildar (Rr) on 1 September, 2008

Kerala High Court
P.I.Abdul Nazeer vs Deputy Tahsildar (Rr) on 1 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26203 of 2008(T)


1. P.I.ABDUL NAZEER ,S/O. ISMAIL P.M.,
                      ...  Petitioner

                        Vs



1. DEPUTY TAHSILDAR (RR),
                       ...       Respondent

2. VILLAGE OFFICER, VAZHAKKALA VILLAGE

3. M/S. NATIONAL INSURANCE CO.LTD

                For Petitioner  :SRI.A.A.MOHAMMED NAZIR

                For Respondent  :SRI.RAJAN P.KALLIATH

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :01/09/2008

 O R D E R
                     ANTONY DOMINIC, J

    -----------------------------------------------------------
                    W.P.(C).No.26203/2008
    -----------------------------------------------------------
         Dated this the 1st day of September, 2008


                           JUDGMENT

Heard both sides.

Challenge in this writ petition is against Ext.P1. Ext.P1

has been issued at the instance of the 3rd respondent

Insurance Company. The standing counsel points out that in

pursuance to Ext.P2 award rendered by the MACT,

Perumbavoor in OP(MV).No.2213/2001 the 3rd respondent

has discharged the liability and in terms of the award, steps

have now been taken by the 3rd respondent for realising the

amount from the petitioner, by taking recourse to the

revenue recovery proceedings.

2. Learned counsel for the petitioner contends that the

award is an ex-parte award and that notice was not served

on him. It is also stated that the petitioner intends to pursue

WP(c).No.26203/2008 2

the statutory remedies that are available against the award,

as according to him, he has very good case on merits.

3. As already noticed, Ext.P1 is initiated at the

instance of the 3rd respondent in terms of the direction

issued by the MACT, Perumbavoor in Ext.P2 Award. If so,

petitioner cannot assail the revenue recovery proceedings

contending that it was an ex-parte award.

4. After hearing both sides, taking into account the

submission that the petitioner is proposing to file an appeal,

in order to enable the petitioner to invoke the statutory

remedies, I direct that further proceedings pursuant to

Ext.P1 be deferred for a period of one month from today.

5. Counsel for the 3rd respondent expressed the

apprehension that in the meanwhile if the petitioner

alienates his properties, recovery could be rendered futile.

When this submission was made, counsel for the petitioner

has undertaken before me that whatever movable or

immovable that he has, will not be encumbered or

WP(c).No.26203/2008 3

alienated, so long as Ext.P1 is kept in abeyance on the

orders of this court. This submission is recorded.

Writ Petition is disposed of as above.

Petitioner shall produce a copy of the judgment before

the respondent for compliance.

ANTONY DOMINIC
JUDGE

vi.

WP(c).No.26203/2008 4