Allowed

Sudheer.O.G v. Village Officer

Kerala HC26 Mar 2019WP(C)/255/2019

Case brief

AI extract

What is this about?

Petitioner sought to pay tax recovery dues arising from an MACT award in monthly instalments. The High Court allowed payment in ten equal monthly instalments starting April 16, 2019, kept recovery proceedings in abeyance if no default occurred, and reserved coercive steps for default.

What did the court decide?

Order permitting payment of dues in ten equal monthly instalments and keeping recovery proceedings in abeyance pending compliance.

Sudheer.O.G Vs Village Officer — 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 MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY ,THE 26TH DAY OF MARCH 2019 / 5TH CHAITHRA, 1941

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WP(C).No. 255 of 2019

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PETITIONER :

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SUDHEER.O.G AGED 45 YEARS S/O GOPALAN,OVVATTU HOUSE,P.O.KUNDALIYOOR, THRISSUR DISTRICT,PIN-680616.

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BY ADV. SRI.V.C.MADHAVANKUTTY

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RESPONDENTS:

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1 VILLAGE OFFICER EANGANDIYOOR VILLAGE OFFICE,THRISSUR DISTRICT-680001.

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2 DEPUTY TAHSILDAR (REVENUE RECOVERY),CHAVAKKAD TALUK, THRISSUR DISTRICT-680001.

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3 MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR-680001.

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*4 ADDL.R4 THE DIVISIONAL MANAGER ORIENTAL INSURANCE COMPANY LTD, DIVISIONAL OFFICE, THRISSUR-680001. (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 14/01/2019 IN IA.NO.02/2019)

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BY SMT K.S.SANTHI, STANDING COUNSEL BY SRI.PAUL ABRAHAM VAKKANAL, GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 255 of 2019

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JUDGMENT

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The petitioner has filed this writ petition under Article

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226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to collect the amount shown in Ext.P1 demand notice dated 11.12.2018 from the petitioner, in instalments, within a time limit to be fixed by this Court. The petitioner has also sought for an order to keep in abeyance Ext.P1, till the he is paying the amount as directed by this Court.

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As per the order of this Court dated 14.01.2019 in I.A.No.2 of 2019, the Divisional Manager, Oriental Insurance Company is impleaded as the additional 4^th respondent.

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Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 and 2 and also the learned Standing Counsel appearing for the additional 4^th respondent.

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The demand made in Ext.P1 notice issued by the

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2^nd respondent Deputy Tahsildar invoking the provisions of

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WP(C).No. 255 of 2019

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the Revenue Recovery Act is one based on an award passed by the Motor Accidents Claims Tribunal, Thrissur in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, arising out of an accident in which the vehicle owned by the petitioner was involved. Based on the award passed by the Tribunal, now Ext.P1 demand notice has been issued against the petitioner for recovery of the amount already paid to the claimant, by the insurance company, on account of violation of policy conditions.

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The learned counsel for the petitioner would submit that the petitioner shall pay off the entire dues demanded in Ext.P1 in monthly instalments, for which he requires a reasonable time.

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The learned Standing Counsel for the 4^th respondent Insurance Company would submit that the said respondent has no objection in this Court permitting the petitioner to pay off the entire dues demanded in Ext.P1, along with future interest, in 10 equal monthly

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WP(C).No. 255 of 2019

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instalments.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions;

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i) The petitioner shall pay off the entire dues covered by Ext.P1 demand notice, together with future interest, in ten equal monthly instalments commencing from 16.04.2019 , and the subsequent instalments payable on or before the 16^th day of the succeeding months, by depositing the same before the Motor Accidents Claims Tribunal, Thrissur in O.P(MV)No.2384 of 2008.

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ii) If the petitioner is remitting the aforesaid instalments in time, without any default, all recovery proceedings pursuant to Ext.P1 demand notice shall be kept in abeyance, so as to enable him to pay off the entire dues as above.

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WP(C).No. 255 of 2019

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iii) In case of any default committed by the petitioner in remitting any one of the aforesaid instalments, the 2^nd respondent shall proceed further with the coercive steps initiated against the petitioner, in accordance with law.

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iv) The petitioner shall also pay the collection charges and other expenses payable to the 2^nd respondent, in terms of Ext.P1 demand notice, within two weeks from the date of receipt of a certified copy of this judgment and a memo to that effect shall also be produced before the Tribunal.

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Sd/-

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ANIL K.NARENDRAN, JUDGE

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AV/28/3

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WP(C).No. 255 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1

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TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT UNDER SECTION 7 IN FORM NUMBER 1 DATED 11.12.2018 NUMBERED AS RRC.NO.2018/9958/2008.

Sudheer.O.G v. Village Officer

Case brief

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Sudheer.O.G v. Village Officer

Case brief

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