Partly allowed

Khurshid Jehan v. State of Kerala

Kerala HC16 Nov 2019WP(C)/20636/2019

Case brief

AI extract

What is this about?

Petitioner challenged revenue recovery notices for compensation under Motor Vehicles Act. Court directed respondents to permit payment via six equal monthly installments with interest. If paid, recovery proceedings stay abeyance; default resumes them.

What did the court decide?

Directed respondents to permit payment of compensation in six equal monthly installments with interest; recovery proceedings stayed contingent on compliance.

Khurshid Jehan Vs State of Kerala — Motor Accident Claims | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941

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WP(C).No.20636 OF 2019(D)

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PETITIONER:

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KHURSHID JEHAN AGED 62 YEARS W/O. SAIDU UZHUVATHU KADAVU MOHAMMED, VADAKKE ANGADIYIL, THE CHAIRPERSON, SANTHINIKETHAN INTERNATIONAL SCHOOL, NEAR TOWN HALL , KODUNGALLUR, THRISSUR DISTRICT.

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BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH

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RESPONDENTS:

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1 STATE OF KERALA REP. BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM

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2 THE DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE, THRISSUR.

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3 THE DEPUTY THAHSILDAR, TALUK OFFICE, KODUNGALLUR, PIN-680 664.

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4 SANJAY SANIL. MINOR, REPRESENTED BY MOTHER, KAVITHA SANIL, W/O. SANIL, MADATHIPARAMBIL HOUSE, P.O. KOMBATHU KADAVU, MUKUNDAPURAM TALUK.

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GP-SMT.VINEETHA.B

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.20636 OF 2019(D)

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JUDGMENT

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Dated this the 16th day of November 2019

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This writ petition is filed challenging Ext.P4 and P4(a) Revenue

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Recovery notices for realisation of amounts awarded as compensation

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under the Motor Vehicles Act, 1988.

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The learned counsel for the petitioner submits that the amount of compensation awarded is more than Rs.9 lakhs and that the petitioner is in a difficult financial situation. It is stated that an amount of Rs.3 lakhs has already been deposited in partial satisfaction of the award on 31/08/2019 pursuant to an interim order passed by this Court. It is prayed that the petitioner may be permitted to pay the balance amount in installments.

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The learned Government Pleader submits that the amount is due as compensation to a minor injured in a motor accident and that as such, the amount is liable to be paid off without further delay. In any view of the matter and taking note of the financial difficulties as pointed out by the petitioner, there will be a direction to the respondents to permit the petitioner to pay off the amounts due from him with accrued interest in six equal monthly installments. The 1^st of such installments shall fall

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WP(C).No.20636 OF 2019(D)

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due on the 15^th of December and the subsequent installments shall be paid

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on or before the 15^th day of the subsequent months.

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In case the petitioner pays the amount as directed above, the recovery proceedings shall be kept in abeyance. In case the petitioner commits any default in the payment as directed above, the recovery proceedings shall resume from the stage at which they where stopped.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

Nsd

WP(C).No.20636 OF 2019(D)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE AWARD IN O.P.(M.V.) 1625/2015 PASSED BY THE MACT, IRINJALAKUDA DT. 27.10.2018.

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EXHIBIT P2 THE TRUE COPY OF THE SANCTION FOR EXTENSION OF PROVISIONAL AFFILIATION ISSUED BY THE CBSE DT. 19.8.2017. EXHIBIT P3 THE CHART SHOWING THE TOTAL STRENGTH OF STUDENTS FOR THE ACADEMIC YEAR 2019-2020. EXHIBIT P4 THE TRUE COPY OF REVENUE RECOVERY NOTICES UNDER SECTIONS 7 OF THE KERALA REVENUE RECOVERY ACT DT. 9.7.2019. EXHIBIT P4 A THE TRUE COPY OF REVENUE RECOVERY NOTICES UNDER SECTIONS 34 OF THE KERALA REVENUE RECOVERY ACT DT. 9.7.2019.

Khurshid Jehan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Khurshid Jehan v. State of Kerala

Case brief

What is this about?

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