Short order dismissing a writ petition seeking stay of Recovery Notices. The Court held it cannot stay notices that are merely to give effect to an unchallenged Motor Accident Claims Tribunal Award, labeling the petition as wholly misconceived.
Rejected all reliefs; petition dismissed.
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 DINESH KUMAR SINGH FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945 WP(C) NO. 34777 OF 2023
PETITIONER/S:
LEELA KRISHNAN
AGED 60 YEARS W/O SANKARAN, 25-THEKKE ATTATHU, AZHEEKKAL THEKKE, ALAPPAD VILLAGE , KOLLAM DISTRICT, PIN - 690542
BY ADVS. JOSEPH GEORGE NIKITA NAIR C.S. P.A.REJIMON SAJEEV JOHN T.
RESPONDENT/S:
AGED 57 YEARS
S/O NARAYANAN, PLANTHOTTAM, VAYALIL VEEDU, POZHIKKARA, PRAVAUR P.O, NOW RESIDING AT KRISHNA KRIPA, MAVILA JUNCTION, KURUMANDAL B-CHERRY, PARAVOOR VILLAGE AND P.O, KOLLAM, PIN - 691301
AGED 50 YEARS
S/O SHEHERA, KUREEKAL PUTHAN VEEDU, THEKKUMBAGAM CHERRY, KOTTAPURAM VILLAGE, PARAVOOR, NOW RESIDING AT HOUSE NO: 5, TSUNAMI FLAT NO: 5, KALLUKUNNU, TSUNAMI FLAT, PARAVOOR VILLAGE AND P.O, KOLLAM DISTRICT, PIN - 691301
W.P.(C) No.34777/2023
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OTHER PRESENT:
S. GOPINATHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.34777/2023
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J U D G M E N T
The present writ petition under Article 226/227 of the
Constitution of India has been filed seeking the following
reliefs:
“(i) Call for the records leading to the issuance of the originals of Exhibits and P-3 and set aside both, Exhibits P-2 and P-3 by issuing a wri certiorari or other appropriate writ, order or direction;
(ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 5th and 6th respondents to defer the recovery steps against the petitioner for a period of six months.
(iii) grant such other and further reliefs as this Hon'ble court may deem fit and proper in the circumstances of the case including costs;
(iv) dispense with the filing of translation of vernacular documents.”
O.P.(MV) No.912/2017 is set aside, the impugned Revenue
Recovery notices to give effect to the Award cannot be
W.P.(C) No.34777/2023
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questioned. The petitioner has not challenged the Award in
Ext.P1 in appropriate proceedings till date.
notices which are nothing but the major to give effect to the
Award. This writ petition is wholly misconceived, which is
hereby dismissed.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
W.P.(C) No.34777/2023
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APPENDIX OF WP(C) 34777/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE PHOTOCOPY OF THE AWARD DATED 08-10-2020 IN O.P (M.V) 912/2017 OF THE MACT KOLLAM Exhibit P-2 TRUE PHOTOCOPY OF THE DEMAND NOTICE DATED 13-03-2023 ISSUED UNDER SECTION 7 OF KERALA REVENUE RECOVERY ACT Exhibit P-3 TRUE PHOTOCOPY OF THE DEMAND NOTICE DATED 13-03-2023 ISSUED UNDER SECTION 34 OF KERALA REVENUE RECOVERY ACT
1 issue framed by the court
Whether the court can stay Revenue Recovery notices issued to give effect to a Motor Accident Claims Tribunal Award without setting aside the Award first.
Leela Krishnan
Babu
Sidhieeq
The Branch Manager, New India Assurance Company Ltd
Tajin
The Deputy Tahsildar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
