Disposed

The Manager High School Thiruvalayannar v. the Deputy Tahsildar

Kerala HC11 Jun 2018WP(C)/793/2018

Case brief

AI extract

What is this about?

This writ petition challenges the initiation of recovery action under the Kerala Revenue Recovery Act against the petitioner during pending applications in the Motor Accidents Claims Tribunal to set aside an ex-parte award and condone delay. The Court directed the Tribunal to consider the delay application within one month and stayed recovery proceedings for two months.

What did the court decide?

Recovery action under Exts. P4 and P5 kept in abeyance for two months; Motor Accidents Claims Tribunal directed to consider application for condonation of delay within one month.

The Manager High School Thiruvalayannar Vs the… — Civil Procedure and Limitation | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 11TH DAY OF JUNE 2018 / 21ST JYAISHTA, 1940

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WP(C).No. 793 of 2018

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PETITIONER

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THE MANAGER HIGH SCHOOL,THIRUVALAYANNAR, P.O.KALOOR, VADAKKEKKAD, THRISSUR DISTRICT.

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BY ADVS.SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH

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RESPONDENTS:

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1. THE DEPUTY THASILDAR REVENUE RECOVERY, CHAVAKKAD - 680506.

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2. THE DISTRICT COLLECTOR COLLECTORATE, AYYANTHOLE, THRISSUR - 680003.

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3. JISHA.,

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W/O.LATE BALAN, AGED 33 YEARS, KOZHAPATT HOUSE, NEAR ICS SCHOOL, VATTAMPADAM, P.O. KALLUR, VADAKKEKKAD, THRISSUR DISTRICT - 679562.

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4. MINOR BINEESHA AGED 13 YEARS, D/O LATE BALAN, MINOR REPRESENTED BY HER MOTHER JISHA, KOZHAPATT HOUSE, NEAR ICS SCHOOL, VATTAMPADAM, P.O. KALLUR, VADAKKEKKAD, THRISSUR DISTRICT - 679562.

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R1 & R2 BY GOVERNMENT PLEADER SRI.T.C. SURESH MENON R3,R4 BY ADVS. SRI.T.C.SURESH MENON SRI.P.S.APPU SRI.A.R.NIMOD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sdr/13.06.18

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WP(C).No. 793 of 2018 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1:	TRUE COPY OF AWARD DATED 30.12.2015 IN OP(MV) NO.1869/2007.
EXHIBIT-P2:	TRUE COPY OF IA NO.2776/17 IN OP(MV) NO.1869/2007 FOR CONDONATION OF DELAY IN FILING THE PETITION TO SET ASIDE THE EXPARTE AWARD.
EXHIBIT-P3:	TRUE COPY OF IA NO.2777/17 IN OP(MV) NO.1869/2007 FOR SETTING ASIDE THE EXPARTE AWARD.
EXHIBIT-P4:	TRUE COPY OF THE DEMAND NOTICE DATED ISSUED 14.11.2017 TO THE PETITIONER UNDER SECTION 7 OF THE REVENUE RECOVERY ACT BY THE 1ST RESPONDENT.
EXHIBIT-P5:	TRUE COPY OF THE DEMAND MADE BEFORE ATTACHMENT OF IMMOVABLE PROPERTY UNDER SECTION 34 OF THE REVENUE RECOVERY ACT ISSUED BY THE 1ST RESPONDENT DATED 14.11.2017.
EXHIBIT-P6:	TRUE COPY OF THE RECEIPT AND UNDERTAKING ISSUED BY THE 3RD RESPONDENT ON 01.12.2007 TO THE MANAGER, HIGH SCHOOL, THIRUVALAYANUR.

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RESPONDENTS EXHIBITS NIL

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/TRUE COPY/ PA TO JUDGE

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sdr/13.06.18

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SHAJI P. CHALY, J.

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W.P.(C). No. 793 OF 2018

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Dated this the 11^th day of June, 2018

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JUDGMENT

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Petitioner is the first respondent in O.P.(M.V.) No. 1869/2007 on the files of the Motor Accidents Claims Tribunal, Thrissur. On 30.12.2015, an ex-parte award was passed against the petitioner. Thereupon, petitioner has submitted Ext. P2 application seeking to condone the delay of 441 days and Ext. P3 application to set aside the ex-parte order, which are pending consideration. In the meanwhile, recovery action is initiated resorting to the provisions of the Kerala Revenue Recovery Act. It is thus challenging the recovery action during the pendency of applications submitted by the petitioner, this writ petition is filed.

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Having heard learned counsel for the petitioner and learned Senior Government Pleader and perusing the pleadings and the documents on record, there will be a direction to the Motor Accidents Claims Tribunal,

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W.P.(C). No. 793 of 2018 2

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Thrissur to consider Exts. P2, within one month from the date of receipt of a copy of this judgment, and if the petitioner is successful, Ext.P3 shall also be considered, in accordance with law. In order to enable the petitioner to participate in the applications filed and pursue the same, the recovery action pertaining to Exts.P4 and P5 are kept in abeyance for a period of two months.

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The writ petition is disposed of, accordingly.

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sd/-

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SHAJI P. CHALY JUDGE

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DCS

The Manager High School Thiruvalayannar v. the Deputy Tahsildar

Case brief

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The Manager High School Thiruvalayannar v. the Deputy Tahsildar

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