Petitioner sought writ to stop recovery proceedings. Court dismissed it, noting an interim prayer to set aside the ex-parte decree was already pending before MACT, and instructed petitioner to pursue that instead.
Writ petition dismissed; petitioner left to pursue interim prayer pending before MACT.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944
WP(C) NO. 17385 OF 2022
PETITIONER/S:
SAJIN RICH AGED 29 YEARS S/O.JAYAPRAKASHAN, 6/375, A, PONATHIL HOUSE, THANNYAM P.O., PERINGOTTUKARA, THRISSUR, KERALA - 680 565.
BY ADVS. ANUPAMA SUBRAMANIAN K.R.SRIPATHI
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE DEPUTY TAHSILDAR, THRISSUR TALUK, G6J9+424, TOWN HALL, W PALACE ROAD, OPPOSITE THRISSUR, CHEMBUKKAV, THRISSUR, KERALA - 680 020.
3 ADDL.R3.SIRAJ SOUGHT TO BE IMPLEADED
OTHER PRESENT:
GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17385 OF 2022
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JUDGMENT
The present petition has been filed on behalf of the insured of a vehicle bearing No.KL-41-D-4929. As a result of an accident with another vehicle bearing KL-8-BB-1732, one Ambadi preferred an O.P (MV) No.1945 of 2015 before MACT, Thrissur. In the said proceedings, petitioner was arrayed as respondent No.1 and one Siraj as respondent No.2 and they were proceeded as ex-parte resulting into an exparte award dated 5.2.2019. As a consequence thereof, the recovery proceedings were initiated in December 2021. On acquiring the knowledge of ex-parte decree, application for setting aside the exparte decree Ext.P3 dated 24th of January 2022 has been preferred with a following prayer:
Hence, in the light of the above mentioned facts and circumstances, it is humbly prayed before the Hon'ble Court that the exparte decree may kindly be set aside and kept in abeyance affording an opportunity to the petitioner herein to prove his case on merits.
Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents to set aside the
WP(C) NO. 17385 OF 2022
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proceedings envisaged under Exhibit P1, revenue recovery proceedings initiated against the petitioner.
I am afraid the aforementioned prayer cannot be entertained by this Court as there is already an interim prayer sought in the application for setting aside. Neither the proceedings of the MACT reflecting the outcome of interim prayer or whether any interim prayer was pressed or otherwise have been withheld from this Court. The petitioner is at liberty to press the interim prayer in the pending application in accordance with law. Writ petition stands dismissed with the aforementioned observations. Sd/-
sab
AMIT RAWAL
JUDGE
WP(C) NO. 17385 OF 2022
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APPENDIX OF WP(C) 17385/2022
PETITIONER EXHIBITS
| Exhibit P1 | A TRUE COPY PROCEEDINGS 03/12/2021. |
OF FORM 1, REVENUE RECOVERY BEARING NO.2021/629/08 DATED |
|---|---|---|
| Exhibit P2 | A TRUE COPY | OF THE AWARD IN O.P.(MV) NO.1945 |
| OF 2015 DAT | ED 05/02/2019. | |
| Exhibit P3 | A TRUE COPY | OF I.A.NO.1 OF 2022 IN OP(MV) |
| NO.1945 OF | 2015 DATED 24/01/2022. |
1 issue framed by the court
Whether this Court should entertain a writ petition seeking setting aside of revenue recovery proceedings when an interim prayer for setting aside the ex-parte decree is already pending before the MAC
Sajin Rich
State of Kerala
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
