Allowed

Reshmi v. District Collector

Kerala HC5 Jan 2023WP(C)/7/2023

Case brief

AI extract

What is this about?

In this writ petition, a motor accident compensation claimant facing revenue recovery proceedings sought an order for instalment payment of the insurance company's claim. The Court granted 16 instalments and deferred recovery proceedings pending compliance. If the petitioner defaults twice consecutively, respondents may proceed with recovery.

What did the court decide?

Petitioner allowed to pay entire due in 16 installments from 01/02/2023; revenue recovery proceedings deferred; respondents free to proceed only after two consecutive defaults of instalments.

Reshmi Vs District Collector — Banking and Recovery | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN

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THURSDAY, THE 5TH DAY OF JANUARY 2023 / 15TH POUSHA, 1944
WP(C) NO. 7 OF 2023

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PETITIONER:

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RESHMI
W/o SUNIL
AGED 39 YEARS
4/383(8)/426, THEROTH HOUSE, OCHANTHURUTH,
PUTHUVYPE P.O, KOCHI, PIN – 682 508

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BY ADV DENIZEN KOMATH

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RESPONDENTS:

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1 DISTRICT COLLECTOR COLLECTORATE ERNAKULAM, KAKKANAD, ERNAKULAM, PIN – 682 030.

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2SPECIAL TAHASILDAR(R.R)
KOCHI TALUK, KOCHI, PIN – 682 001.

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3VILLAGE OFFICER
PUTHUVYPE VILLAGE, PUTHUVYPE P.O, KOCHI,
PIN – 682 508.
4NEW INDIA ASSURANCE COMPANY LTD.
W/ISLAND (760701), W/ISLAND BRANCH, DB KHONA
BUILDING , 5TH MAIN ROAD WILLINGDON ISLAND,
REPRESENTED BY ITS MANAGING DIRECTOR,
PIN – 682 003.

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OTHER PRESENT:

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ADV. JIMMY GEORGE – GP; ADV. LAL K. JOSEPH -SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) No. 7 of 2023

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P.V.KUNHIKRISHNAN, J

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---------------------------------------

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WP(C) No. 7 of 2023

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-------------------------------------Dated this the 5^th day of January, 2023

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JUDGMENT

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The above writ petition is filed with the following prayers:-

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i. Call for the entire records pertaining to the issuance of Exhibits P-2 and P-3 and Issue a Writ of Certiorari, any other Order, writ or direction to quash the same.

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ii. Issue a Writ of Mandamus, any other Order, writ or direction, directing the Respondents 1 to 3 to restrain from executing action against the Petitioner on the basis of Exhibits P-2 and P-3 from the belongings of her matrimonial home immediately.

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iii. Issue a Writ of Mandamus, any other Order, writ or direction, directing the 1 Respondent to consider Exhibit P-6 and to enable the Petitioner to pay off the compensation amount due to the 4th Respondent in equally monthly installments.

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iv. Allow dispensation of production of English translation of Malayalam Exhibits produced.

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v. Such other reliefs that this Honourable Court deem fit and proper to grant in the interest of justice.

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vi. Award costs of the proceedings.

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The petitioner suffered Ext.P1 award in the O.P(MV)

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No.1680/2018, from the Additional Motor Accidents Claims Tribunal,

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WP(C) No. 7 of 2023

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Ernakulam. As per the award, the 4^th respondent was directed to pay the compensation to the claimants and the 4^th respondent was also allowed to recover the same from the petitioner. Admittedly, the 4^th respondent paid the amount and the revenue recovery proceedings is initiated against the petitioner for recovering the amount based on the recovery certificate issued by the Tribunal. At this stage this writ petition is filed.

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

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The main prayer of the petitioner is for granting instalement facility to pay the amount. The petitioner is the registered owner of a twowheeler. The petitioner is a lady. Considering the facts and circumstances of the case, I think the prayer of the petitioner for granting instalment facility (16 instalments) can be allowed. Therefore this writ petition is allowed in the following manner;

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(i) The petitioner is allowed to pay the entire amount due as per Exts.P1 to P3 in 16 installments, starting from 01/02/2023. If there is any two consecutive defaults of the instalments from the side of the petitioner, the respondents are free to proceed with recovery in accordance to law.

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WP(C) No. 7 of 2023

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(ii) If the petitioner pay the installments as directed above, the

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revenue recovery proceedings based on Exts.P2 and P3 shall be

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deferred.

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Sd/P.V.KUNHIKRISHNAN JUDGE

AMR

WP(C) No. 7 of 2023

APPENDIX OF WP(C) 7/2023

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PETITIONER’S EXHIBITS

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`Exhibit P1`	`TRUE PHOTOCOPY OF THE AWARD ISSUED BY THE` `ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,` `ERNAKULAM DATED 07/07/2021IN OP(MV)` `NO.1680/2018.`
`Exhibit P2`	`TRUE PHOTOCOPY OF THE REVENUE RECOVERY` `NOTICE DATED ON 18/03/2022 ISSUED UNDER` `SECTIONS 7.`
`Exhibit P2(a)`	`TRUE ENGLISH TRANSLATION OF EXHIBIT P2.`
`Exhibit P3`	`TRUE PHOTOCOPY OF THE REVENUE RECOVERY` `NOTICE DATED ON 18/03/2022 ISSUED UNDER` `SECTIONS 34.`
`Exhibit P3(a)`	`TRUE ENGLISH TRANSLATION OF EXHIBIT P3`
`Exhibit P4`	`TRUE PHOTOCOPY OF THE REPRESENTATION` `PREFERRED BY THE PETITIONER BEFORE THE 2ND` `RESPONDENT.`
`Exhibit P4(a)`	`TRUE ENGLISH TRANSLATION OF EXHIBIT P4.`
`Exhibit P5`	`TRUE PHOTOCOPY OF THE REPLY GIVEN FROM THE` `OFFICE OF THE 2ND RESPONDENT TO THE` `PETITIONER DATED 10/06/2022.`
`Exhibit P5(a)`	`TRUE ENGLISH TRANSLATION OF EXHIBIT P5.`
`Exhibit P6`	`TRUE PHOTOCOPY OF THE REPRESENTATION` `PREFERRED BY THE PETITIONER BEFORE THE 1ST` `RESPONDENT DATED 24/12/2022.`
`Exhibit P6(a)`	`TRUE ENGLISH TRANSLATION OF EXHIBIT P6.`
`Exhibit P7`	`TRUE PHOTOCOPY OF POSTAL RECEIPT.`

Reshmi v. District Collector

Case brief

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Reshmi v. District Collector

Case brief

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