Sibin Das, Vs Deputy Tahasildar (Rr) — Kerala HC (2025) — LawSathi Research

Sibin Das, Vs Deputy Tahasildar (Rr) — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to clear the amounts payable under the Award in OP(MV) No.2043 of 2019 in ten equal monthly instalments along with accrued interest and costs, the first instalment on or before 30.04.2025 and subsequent instalments on or before the last working day of the succeeding months; waiver of revenue recovery charges if the amount is paid directly to the additional 2nd respondent; liberty to the 1st respondent to continue recovery proceedings on default of any one instalment.

Issue for consideration

Whether the petitioner, against whom revenue recovery proceedings have been initiated to recover amounts payable to the additional 2nd respondent under the Exhibit P1 Award in OP(MV) No.2043 of 2019, may be permitted to clear the liability in instalments.

Court's answer

The writ petition stands disposed of with a direction that the petitioner be permitted to clear off the amounts payable by him under the Award in OP(MV) No.2043 of 2019, for which revenue recovery proceedings have been initiated, in ten equal monthly instalments along with accrued interest and costs.

Ratio / Principle

The first instalment shall be paid on or before 30.04.2025 and the subsequent instalments on or before the last working day of each succeeding month.

Key takeaways

If the petitioner pays the amount directly to the additional 2nd respondent, the petitioner shall be absolved of the liability to pay any revenue recovery charges.ratio¶25
If the petitioner defaults in payment of any one instalment, it will be open to the 1st respondent to continue with the recovery proceedings initiated against the petitioner.ratio¶25

Detailed headnote1 paragraphs

Writ petition disposed of. The petitioner, against whom revenue recovery proceedings (notice of demand u/s 7 and auction notice u/s 34 of the Kerala Revenue Recovery Act, both dated 11.02.2025) had been initiated by the Deputy Tahasildar (RR), Pulpally Sulthanbathey Taluk to recover amounts payable to the additional 2nd respondent (M/s. United Insurance Company Ltd., impleaded on 07.04.2025) under the common award dated 21.03.2023 in OP(MV) Nos. 2043/2019 and 2079/2019 of the Motor Accidents Claims Tribunal, Perumbavoor, was permitted to clear the liability in ten equal monthly instalments along with accrued interest and costs, the first instalment on or before 30.04.2025 and each subsequent instalment on or before the last working day of the succeeding month. Direct payment to the additional 2nd respondent absolves the petitioner of revenue recovery charges; default in any one instalment entitles the 1st respondent to continue the recovery proceedings. (Gopinath P., J., 07.04.2025)

2025:KER:29909

WP(C) NO. 10948 OF 2025 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947

WP(C) NO. 10948 OF 2025

PETITIONER/S:

SIBIN DAS,AGED 35 YEARS
S/O DASAN, RESIDING AT PUTHENPURACKAL, SASIMALA P.O,
PULPALLY, WAYANAD, PIN - 673579

BY ADVS.
S.SUJINI
POOJA VENKAT

RESPONDENT/S:

1DEPUTY TAHASILDAR (RR),
PULPALLY SULTHANBATHEY TALUK,
SULTHANBATHERY, PIN - 673592

2M/S. UNITED INSURANCE COMPANY LTD.,
REPRESENTED BY ITS MANAGER, 2ND FLOOR, SHENOYS
CHAMBERS, SHANMUGHAM ROAD, ERNAKULAM

(IMPLEDED AS PER ORDER DATED 07.04.2025 IN WPC NO.10948
OF 2025)

SRI.P.K.MANOJKUMAR, SC,
 SRI. P.S.APPU, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 10948 OF 2025 2

JUDGMENT

Petitioner suffered Exhibit P1 Award in OP(MV) No.2043 of 2019 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. Under the Award, the additional 2^nd respondent was required to pay the amount due under the Award and was permitted to recover the same from the petitioner. The revenue recovery proceedings have thus been initiated to recover the amounts payable to the additional 2^nd respondent. The only relief sought for by the petitioner is that the petitioner may be permitted to clear the liability in some instlments.

Heard the learned Government Pleader and the learned Standing Counsel appearing for the additional 2^nd respondent.

Having heard the learned counsel as above and having regard to the limited nature of relief sought for by the petitioner, the writ petition will stand disposed of, directing that the petitioner shall be permitted to clear off the amounts payable by the petitioner under the Award in OP(MV) No.2043 of 2019 (for which revenue recovery proceedings have now been initiated) in ten equal monthly instalments, along with any

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WP(C) NO. 10948 OF 2025 3

accrued interest and costs. The first instalment shall be paid on or before 30.04.2025 and the subsequent intalments shall be paid on or before the last working day of the succeeding months. If the petitioner pays the amount directly to the additional 2^nd respondent, the petitioner shall be absolved of the liability to pay any revenue recovery charges. However, if the petitioner defaults in payment of any one instalment, it will be open to the 1^st respondent to continue with the recovery proceedings initiated against the petitioner.

Sd/-

GOPINATH P.

JUDGE

ajt

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WP(C) NO. 10948 OF 2025 4

APPENDIX OF WP(C) 10948/2025

PETITIONER EXHIBITS

Exhibit P1TRUE COPY OF THE COMMON AWARD PASSED IN OP
( MV ) NO. 2043/2019 AND OP ( MV) NO.
2079/2019 DATED 21.03.2023 PASSED BY THE
MOTOR ACCIDENT CLAIMS TRIBUNAL , PERUMBAVOOR

Exhibit P2TRUE COPY OF THE NOTICE OF DEMAND ISSUED U/S
7 OF THE REVENUE RECOVERY ACT ISSUED BY THE
RESPONDENT DATED 11.02.2025

Exhibit P3TRUE COPY OF THE AUCTION NOTICE ISSUED U/S 34
OF THE KERALA REVENUE RECOVERY ACT ISSUED BY
THE RESPONDENT DATED 11.02.2025