Partly allowed

Abdul Hameed v. the Deputy Tahsildar

Kerala HC21 Jan 2020WP(C)/1559/2020

Case brief

AI extract

What is this about?

The Court granted relief to petitioners facing recovery proceedings for a Motor Accidents Claims Tribunal award by directing discharge of liability in ten equal monthly installments, staying recovery proceedings, and barring further petitions for modification.

What did the court decide?

Direct discharge of the confirmed liability of Rs.2,32,981/- plus accrued interest in ten equal monthly installments and stay of recovery proceedings.

Abdul Hameed Vs the Deputy Tahsildar — Constitutional and Fundamental Rights | Kerala HC (2020)

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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 A.K.JAYASANKARAN NAMBIAR

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TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941

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WP(C).No.1559 OF 2020(T)

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PETITIONERS:

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1 ABDUL HAMEED AGED 48 YEARS

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S/O. RAYAN, 1/460, CHEMMALA HOUSE, PULIKKAL GRAMA PANCHAYAT, PALLIKKAL P.O. KONDOTTY, MALAPPURAM DISTRICT 676 517.

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2 MUHAMMAD BOOSOORI, AGED 22 YEARS

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S/O. ABDUL HAMMED, 1/460, CHEMMALA HOUSE, PULIKKAL GRAMA PANCHAYAT, PALLIKKAL P.O. KONDOTTY, MALAPPURAM DISTRICT 676 517.

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BY ADV. SRI.S.SUDHEESH KUMAR

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RESPONDENTS:

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1 THE DEPUTY TAHSILDAR (RR), KONDOTTY TALUK, MALAPPURAM DISTRICT 673 638.

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2 THE MANAGER,

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UNITED INDIA INSURANCE COMPANY LIMITED, MALAPPURAM 676 504.

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BY GOVERNMENT PLEADER SRI.K.P.HARISH, SR. BY ADV.SRI.P.K.MANOJKUMAR, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1559 OF 2020(T)

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JUDGMENT

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The petitioners, who are faced with recovery proceedings for recovery of amounts confirmed against them by an award of the Motor Accidents Claims Tribunal (M.A.C.T) seek only the grant of installments to discharge the liability.

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I have heard the learned counsel for the petitioners, the learned Government Pleader appearing for the 1^st respondent as also the learned Standing counsel for the 2^nd respondent.

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I find from a perusal of Exts.P4 and P4(a) demand notices produced along with the Writ Petition that the present liability of the petitioners is an amount of Rs.2,32,981/- together with accured interest and other charges.

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Taking note of the plea of financial hardship urged on behalf of the petitioners, I dispose the writ petition with the following directions:

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(i) If the petitioners discharge the said liability (Rs.2,32,981/- together with accrued interest and other charges) in ten equal and successive

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WP(C).No.1559 OF 2020(T)

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monthly installments commencing from 10.02.2020, then further proceedings for recovery pursuant to Exts.P4 and P4(a) shall be kept in abeyance.

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(ii) It is made clear that if the petitioners commit a default in respect of any of the installments, they will lose the benefit of this judgment and the respondents will be free to continue the recovery proceedings against them from the stage at which they presently stand.

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(iii) It is further made clear that inasmuch as it is in exceptional cases that this Court would grant the reliefs aforementioned, no further petition for modification/extension of time will be entertained.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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mns

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WP(C).No.1559 OF 2020(T)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LAB REPORT DATED 28.10.2019 ISSUED BY THE ASTER MIMS, KANNUR. EXHIBIT P2 TRUE COPY OF THE PRESCRIPTION WITH REGARD TO THE TREATMENT OF THE 1ST PETITIONER ISSUED FROM STATE CARE HOSPITAL, KOZHIKODE DATED 2.12.2019. EXHIBIT P3 TRUE COPY OF THE O.P. CASE SHEET DATED 06.12.2019 ISSUED BY THE KOZHIKKODE DISTRICT CO-OPERATIVE HOSPITAL. EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPLENDENT UNDER SECTION 7 OF THE RR ACT, DATED 26.07.2018. EXHIBIT P4 (A) TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT UNDER 32 OF THE REVENUE RECOVERY ACT, DATED 20.7.2018.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

Abdul Hameed v. the Deputy Tahsildar

Case brief

What is this about?

What did the court decide?

Abdul Hameed v. the Deputy Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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