Disposed

Abdul Shukkoor.P., v. Sajesh.K.C.

Kerala HC7 Sept 2023WP(C)/3933/2023

Case brief

AI extract

What is this about?

This writ petition directed the District Collector, Kannur, to proceed with the execution of a certificate issued under Section 174 of the Motor Vehicles Act, 1988. The court granted a three-month grace period for the first respondent to pay the awarded amount before enforcing execution.

What did the court decide?

Direction to District Collector to proceed with execution of the certificate dated 22.01.2022 if the first respondent fails to pay the awarded amount within three months as granted in the appeal.

Abdul Shukkoor.P., Vs Sajesh.K.C. — Motor Accident Claims | 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 DINESH KUMAR SINGH

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THURSDAY, THE 7^TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945

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WP(C) NO. 3933 OF 2023

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PETITIONER:

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ABDUL SHUKKOOR.P., AGED 60 YEARS S/O IBRAHIM, RESIDING AT PAKKARAKATH HOUSE, MARAKKARKANDY, P.O, KANNUR CITY, KANNUR, PIN – 670 001. BY ADVS. M.K.SUMOD ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) VIDYA M.K.

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RESPONDENTS:

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1 SAJESH.K.C., AGED 49 YEARS S/O. SANKARAN.P.C, RESIDING AT KELOTH CHALIL VEEDU, PERALASSERY, P.O . MUNDALUR, KANNUR, PIN – 670 622.

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2 THE DISTRICT COLLECTOR COLLECTORATE ROAD, THAVAKKARA, KANNUR, PIN – 670 002.

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3 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVT SECRETARIAT, TRIVANDRUM, PIN – 695 001.

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SRI. S.GOPINATH, SR. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 3933/2023

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: 2 :

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DINESH KUMAR SINGH, J.

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--------------------------------------------------------W.P.(C). No. 3933 of 2023

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Dated this the 7^th day of September, 2023.

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JUDGMENT

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The present writ petition has been filed seeking the following relief:

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Issue a writ of mandamus against the second respondent to proceed with the certificate issued under Exhibit P3 order and to realise the amount under Exhibit P1 award from the first respondent in a time bound manner and within a period of one month from passing the judgment in this case.

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The petitioner is the holder of an award dated 04.01.2021

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passed by the Motor Accident Claims Tribunal, Thalassery in O.P. (MV) No. 865 of 2018. The petitioner was awarded Rs.3,73,000/- to be recovered from the first respondent with interest at the rate of 8% per annum from 09.09.2018 till realisation and with costs. But, the first respondent did not pay the awarded amount. Thereafter, the petitioner has obtained a certificate under Section 174 of the Motor Vehicles Act, as per Exhibit P3 order dated 22.01.2022. Despite the same, the District Collector, Kannur had not executed the said certificate. Therefore, instant writ petition has been filed.

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W.P.(C) No. 3933/2023

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: 3 :

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The learned counsel for the first respondent submits that against Exhibit P1 award dated 04.01.2021, the first respondent has filed an appeal and today, an order has been passed in that appeal granting three months’ time to pay the amount as awarded by the Motor Accident Claims Tribunal, Thalassery.

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The learned Special Government Pleader submits that to execute Exhibit P3 order dated 22.01.2022, the property of the first respondent has been attached on 22.11.2022 and a notice in form No. 11 has also been issued. He further submits that if the first respondent fails to make payment of the awarded amount to the petitioner within a period of three months as is directed in the appeal, Exhibit P3 order and certificate dated 22.01.2022 shall be executed.

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Considering the aforesaid submission, the present writ petition is disposed of with a direction to the District Collector, Kannur to proceed with the execution of Exhibit P3 order and certificate dated 22.01.2022, if the first respondent fails to make payment of the awarded amount within a period of three months as granted in the appeal.

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sd/-

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DINESH KUMAR SINGH, JUDGE.

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W.P.(C) No. 3933/2023

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: 4 :

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APPENDIX OF WP(C) 3933/2023

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PETITIONER’S EXHIBITS:
Exhibit P1	TRUE COPY OF THE AWARD PASSED BY THE MACT, THALASSEY IN OP(MV) 865/2018 DATED: 4/1/2021
Exhibit P2	TRUE COPY OF THE ORDER IN IA 3/2021 IN MACA 1081/2021 OF THIS HON'BLE COURT DATED 8/11/2021.
Exhibit P3	TRUE COPY OF THE ORDER DATED 22/1/2022 IN IA 02/2021 IN OP(MV) 865/2018 OF THE MACT, THALASSERY

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RESPONDENTS’ EXHIBITS: NIL

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True Copy

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PS To Judge.

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Abdul Shukkoor.P., v. Sajesh.K.C.

Case brief

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Abdul Shukkoor.P., v. Sajesh.K.C.

Case brief

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