IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29376 of 2010(V)
1. THE GENERAL MANAGER,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR ,
... Respondent
2. THE TAHASILDAR, TALUK OFFICE,
3. THE VILLAGE OFFICER,
4. VENUGOPAL, ILLATHUPARAMBIL HOUSE,
5. KALYANASUNDARAM, ILLATHUPARAMBIL HOUSE,
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :30/09/2010
O R D E R
C.T. RAVIKUMAR, J
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W.P.(C)No. 29376 OF 2010
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Dated this the 30th day of September, 2010
J U D G M E N T
This writ petition has been filed on being aggrieved
by the inaction on the part of the respondents 1 to 3 in the
matter of recovering the amount from the 4th and 5th
respondents under Ext.P2 award that was modified as per
Ext.P3. The petitioner herein was the applicant in OP(MV)
2208/98 before the Motor Accident Claims Tribunal,
Ernakulam. The said claim petition was filed for getting
compensation to the tune of Rs.48,017/- for the damages
sustained to the department vehicle bearing registration
No.KL-7/A-7876. Ext.P2 is the award passed in OP(MV)
2208/98 by the tribunal. Feeling aggrieved by Ext.P2 award,
MACA No. 2426/08 was filed by the petitioner. This Court as
per Ext.P3 judgment enhanced the amount by Rs.9,500/-.
Thus, the total amount would come to Rs.42,500/-. On account
of the failure on the part of the 4th and 5th respondents to
deposit the said amount along with the interest as awarded,
the petitioner was constrained to move E.P.No.399/09 before
WPC.29376/2010
: 2 :
the MACT, Ernakulam for executing the award. Subsequently,
Ext.P5 certificate under Section 174 of the Motor Vehicles Act
was issued by the tribunal for realization of the award. As
noticed earlier, the grievance of the petitioner is that despite
the receipt of Ext.P5 certificate, respondents 1 to 3 are not
taking appropriate action to recover the amount in terms of
Exts.P2 and P3.
When this matter was taken up today, the learned
Government Pleader, upon instruction, submitted that on
receipt of Ext.P5, the second respondent has taken
appropriate steps on 10.6.2010. It is further submitted that
recovery proceedings thus initiated would be completed
expeditiously, in terms of Ext.P5. The said submission is
recorded. Accordingly, this writ petition is disposed of with a
direction to the respondents 1 to 3 to complete the recovery
proceedings already initiated for realization of the amount
covered by Exts.P2 and P3, expeditiously, in terms of Ext.P5
certificate.
Sd/-
(C.T. RAVIKUMAR, JUDGE)
jma //true copy//
P.A To Judge