IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 33906 of 2009(G) 1. RATNAM, AGED 48, W/O.LATE VIJAYAN, ... Petitioner Vs 1. THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, ... Respondent 2. THE VILLAGE OFFICER, MATTANCHERRY For Petitioner :SRI.S.RAJKUMAR For Respondent : No Appearance The Hon'ble MR. Justice C.K.ABDUL REHIM Dated :25/11/2009 O R D E R C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.33906 OF 2009 ------------------------------ Dated this the 25th day of November, 2009 J U D G M E N T
1. Petitioner is aggrieved by revenue recovery steps
initiated pursuant to Ext.P1 and P2 notices, for realisation of
amounts due under an award of the Motor Accidents Claims
Tribunal, Ernakulam. It is evident from Ext.P1 and P2 notices
that the revenue recovery proceedings is initiated pursuant to a
requisition received from the MACT. Therefore the petitioner
could not make any successful challenge against liability for
payment in this writ petition, unless she challenges the award
and get it set aside through appropriate remedies provided
under the statute.
2. According to the petitioner she has not received any
notice from the Tribunal and she was not aware about the award,
till Ext.P1 and P2 notices were received. It is submitted that
steps have already been taken by the petitioner to get a certified
copy of the award and to resort to remedies available under the
statute against such award. Therefore, the limited prayer of the
petitioner is only for a direction to keep in abeyance the coercive
steps of recovery for a short period, in order to facilitate the
petitioner to approach the statutory authorities.
3. Having considered facts and circumstances, the writ
petition is disposed of directing the respondents to keep in
abeyance further coercive steps of recovery initiated pursuant to
Ext.P1 and P3 for a period of one month from today in order to
facilitate the petitioner to approach the appropriate statutory
authorities against the award of the MACT.
C.K.ABDUL REHIM, JUDGE.