Joseph Vs. State of Kerala

Joseph vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 02, 2014

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https://sooperkanoon.com/case/1118521

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Citation: sooperkanoon.com/1118521
Court: Kerala High Court
Judge: Honourable Mr.Justice V.Chitambaresh
Decided On: Jan 02, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Joseph

Respondent

State of Kerala

Excerpt

.....exhibits ---------------------------- exhibit p1- true copy of the notice dated191-2013 issued by the2d respondent under section7of the revenue recovery act. exhibit p1(a)- true copy of the notive dated191-2013 issued by the2d respondent under section34of the revenue recovery act. exhibit p2- true copy of the award dated3012-2010 passed in op(mv) no. 354 of 2008 on the filed of the motor accident claims tribunal, kasragod. exhibit p3- true copy of the agreement dated2210-2007 executed between the petitioner and arshad. exhibit p4- true copy of the i.a.no. 533 of 2013 in op(mv) no. 354 of 2008 on the file of the motor accident claims tribunal, kasaragod. exhibit p5- true copy of the i.a.no. 532 of 2013 in op(mv) no. 354 of 2008 on the file of the motor accident claims tribunal, kasaragod. exhibit p6- true copy of the letter dated2806-2013 issued to the1t and2d respondent with postal receipts. exhibit p7- true copy of the letter dated209-2013 submitted by the petitioner to the2d respondent with postal receipt. respondent(s)' exhibits : nil. ----------------------------- //true copy// p.s. to judge. v.chitambaresh, j.------------------------------- w.p (c) no.31702 of 2013 ------------------------------- dated this the 2nd day of january, 2014 judgment the petitioner has been made liable under the award in op (mv) no.354/2008 on the file of the motor accidents claims tribunal, kasargod. it is so done on the premise that the petitioner was the owner of the vehicle (kl-10f6035 involved in the accident at the material time. the petitioner asserts that he had long ago sold the vehicle to another under ext.p3 agreement and parted with its possession.2. the petitioner has been set ex-parte in op (mv) no.354/2008 and the liability fastened on him. the insurance company has already paid the amount to the claimants and has initiated revenue recovery proceedings against the petitioner. exts.p1 and p1(a) recovery notices so issued are challenged in this writ petition under.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE2D DAY OF JANUARY201412TH POUSHA 1935 WP(C).No. 31702 of 2013 (K) ---------------------------- PETITIONER(S): ---------------- JOSEPH, AGED37YEARS S/O. THOMAS, CHAVARAPUZHA HOUSE, KOTTIYOOR P.O., KOTTIYOOR AMSOM, KOTTIYOOR DESOM KANNUR DISTRICT, PIN-670 651. BY ADVS.SRI.ABU MATHEW SRI.AJU MATHEW RESPONDENT(S): ----------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, KANNUR DISTRICT KANNUR-1.

2. THE TAHSILDAR (RR) OFFICE OF THE TAHASILDAR, THALASSERY TALUK THALASSERY P.O., KANNUR DISTRICT, PIN-670 101.

3. THE ORIENTAL INSURANCE COMPANY LTD. MARINA SHOPPING CENTRE, NATIONAL HIGH WAY THALIPPARAMBA, KANNUR DISTRICT, PIN-670141 REPRESENTED BY ITS BRANCH MANAGER. R BY GOVERNMENT PLEADER SRI.RAFEEK.V.K. R BY SMT.K.S.SANTHI, SC, ORIENTAL INSURANCE CO. LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0201-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31702 of 2013 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT P1- TRUE COPY OF THE NOTICE DATED191-2013 ISSUED BY THE2D RESPONDENT UNDER SECTION7OF THE REVENUE RECOVERY ACT. EXHIBIT P1(A)- TRUE COPY OF THE NOTIVE DATED191-2013 ISSUED BY THE2D RESPONDENT UNDER SECTION34OF THE REVENUE RECOVERY ACT. EXHIBIT P2- TRUE COPY OF THE AWARD DATED3012-2010 PASSED IN OP(MV) NO. 354 OF 2008 ON THE FILED OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KASRAGOD. EXHIBIT P3- TRUE COPY OF THE AGREEMENT DATED2210-2007 EXECUTED BETWEEN THE PETITIONER AND ARSHAD. EXHIBIT P4- TRUE COPY OF THE I.A.NO. 533 OF 2013 IN OP(MV) NO. 354 OF 2008 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD. EXHIBIT P5- TRUE COPY OF THE I.A.NO. 532 OF 2013 IN OP(MV) NO. 354 OF 2008 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD. EXHIBIT P6- TRUE COPY OF THE LETTER DATED2806-2013 ISSUED TO THE1T AND2D RESPONDENT WITH POSTAL RECEIPTS. EXHIBIT P7- TRUE COPY OF THE LETTER DATED209-2013 SUBMITTED BY THE PETITIONER TO THE2D RESPONDENT WITH POSTAL RECEIPT. RESPONDENT(S)' EXHIBITS : NIL. ----------------------------- //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.

------------------------------- W.P (C) No.31702 of 2013 ------------------------------- Dated this the 2nd day of January, 2014

JUDGMENT

The petitioner has been made liable under the Award in OP (MV) No.354/2008 on the file of the Motor Accidents Claims Tribunal, Kasargod. It is so done on the premise that the petitioner was the owner of the vehicle (KL-10F6035 involved in the accident at the material time. The petitioner asserts that he had long ago sold the vehicle to another under Ext.P3 agreement and parted with its possession.

2. The petitioner has been set ex-parte in OP (MV) No.354/2008 and the liability fastened on him. The Insurance Company has already paid the amount to the claimants and has initiated revenue recovery proceedings against the petitioner. Exts.P1 and P1(a) recovery notices so issued are challenged in this writ petition under Article 226 of the Constitution of India.

3. The petitioner has filed Ext.P4 petition (I.A.No.533/2013) to set aside the ex-parte Award in OP (MV) No.354/2008. The petitioner has also filed Ext.P5 petition W.P(C) No.31702 of 2013 2 (I.A.No.532/2013) to condone the delay in seeking to set aside the ex-parte Award. The petitioner seeks to defer the coercive proceedings pending consideration of Exts.P4 and P5 petitions by the Motor Accidents Claims Tribunal.

4. The claimants have already been paid the compensation amount awarded by the Motor Accidents Claims Tribunal. Therefore no prejudice would be caused by directing Exts.P4 and P5 petitions to be dealt with by the Motor Accidents Claims Tribunal in accordance with law. The same shall be done by the Motor Accidents Claims Tribunal, Kasargod within a period of two months. The coercive steps pursuant to Exts.P1 and P1(a) notices shall be put on hold for a period of three months under the circumstances. The Writ Petition is disposed of. V.CHITAMBARESH, Judge. nj.

Same Court & Year Kerala · 2014 Same Parties Joseph vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice V.Chitambaresh