Vibin Mohan.K, vs Mohanan,

Type Court Judgment Court Kerala Decided Jul 31, 2023

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Citation: sooperkanoon.com/1369908
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Jul 31, 2023
Case Number: OP (MAC)/96/2023

Parties & Advocates

Appellant / Petitioner

Vibin Mohan.K,

Respondent

Mohanan,

Excerpt

.....dated 13.5.2010. exhibit p6 true copy of the relevant page of the hire purchase personnel ledger of the master link leasing and finance ltd issued to the petitioner dated 12.5.2010. exhibit p7 true copy of the revenue recovery notice issued by the deputy collector, thrissur district dated 26.8.2022. exhibit p8 true copy of the petition in i.a.no.2/2023 in op(mv)no.1516/2013 iind additional motor accident claims tribunal, (addl. district court-iii), exhibit p9 true copy of the petition in i.a.no.1/2023 in op(mv)no.1516/2013 iind additional motor accident claims tribunal, (addl. district court-iii),exhibit p10 true copy of the e.a.no.119/2023 in exhibit p11 true copy of the e.a.no.120/2023 in exhibit p12 true copy of the e.a.no.121/2023 in exhibit p13 true copy of the application submitted by sri.jibin mohan under right to information act with respect to vehicle kl-46-c-570 before the public information officer of the joint dated 18.4.2023. exhibit p13 (a) true copy of the reply given by the public information officer of the sub dated 19.5.2023. exhibit p14 true copy of the application submitted by sri.jibin mohan under right to information act with respect to vehicle kl-46-8815 before the public information officer of the joint dated 18.4.2023. exhibit p14 (a) true copy of the reply given by the public information officer of the sub dated 19.5.2023.respondents exhibits: nil.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945 OP (MAC) NO. 96 OF 2023 FROM I.A NO.1/2023 AND I.A NO.2/2023 IN OPMV 1516/2013 BEFORE THE IIND ADDITIONAL MACT, (ADDITIONAL DISTRICT COURT NO.III, THRISSUR)
PETITIONER/PETITIONER/RESPONDENT NO.1 IN OP(M.V) NO.1516/2013: VIBIN MOHAN. K, AGED 31 YEARS S/O. MOHAN, KANJIRAPARAMBIL HOUSE, THIRUVATHRA P. O, THRISSUR DISTRICT, PIN - 680 502. BY ADVS. P.U.SHAILAJAN NIDHEESH T.P MIDHUN SUDARSANAN P. RESPONDENTS/RESPONDENTS/PETITIONERS & RESPONDENT NO.2 IN OP(MV) NO.1516/2013: 1 MOHANAN, 2 SANTHOSH, 3 RATHY, D/O. SANKARANKUTTY, KAKKASSERY HOUSE, 4 ANANTHAN, THRISSUR DISTRICT, PIN - 680 512.
5 ARUNDATHY, D/O. SANKARANKUTTY, KAKKASSERY HOUSE, THRISSUR DISTRICT, PIN - 680 512. 6 HUSSAIN, S/O. ISMAIL, POKKAKKILATH HOUSE, MUNAKKAKKADAVU, KADAPPURAM P. O, THRISSUR DISTRICT, PIN - 680 514. *ADDL. THE DEPUTY COLLECTOR, R7 OFFICE OF THE DEPUTY COLLECTOR, CIVIL STATION, AYYANTHOLE, THRISSUR - 680 003. *ADDL. DEPUTY TAHSILDAR (RR) R8 CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680 503 *ADDITIONAL RESPONDENTS 7 AND 8 IMPLEADED AS PER ORDER DATED 10.07.23 IN IA NO.2/2023. BY ADV SRI. P.U.SHAILAJAN THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This O.P(MAC) has been filed for direction to the Motor Accidents Claims Tribunal, Thrissur to consider and dispose of I.A Nos.1 and 2 of 2023 in OP(MV) No.1516 of 2013, within a time frame.

2. This Court had called for a report from the

Tribunal and the Tribunal has reported that notices were served on the respondents in the interlocutory applications and they have entered appearance on 01.07.2023 and prayed for time to file counter affidavit. Both the petitions are posted for counter and hearing on 05.08.2023. It is further reported that the applications will be disposed of within a period of two months.

3. This Court had ordered notice in the original

petition to the respondents. However, service to all the respondents is not complete and there is no appearance for the respondents who have already received notice.

4. In the nature of the report submitted by the

Tribunal, I am of the view that O.P(MAC) itself can be disposed of on the basis of the said report. Accordingly, service of notice to the respondents is dispensed with. The Tribunal shall endeavour to dispose of I.A Nos.1 and 2 of 2023 within a period of two months from today. Since the interlocutory applications are posted for further consideration on 05.08.2023, it will be open to the petitioner to file an application for stay of further proceedings pursuant to the award before the Tribunal on the said date and the Tribunal shall consider the same and pass appropriate orders in accordance with law, within a period of two weeks. The O.P(MAC) is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR APPENDIX PETITIONER’S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE PETITION IN OP(MV)NO.1516/2013 BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 1.8.2013. EXHIBIT P2 TRUE COPY OF THE AWARD IN OP(MV)NO.1516/2013 DATED 9.9.2020 PASSED BY THE IIND ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR. EXHIBIT P3 TRUE COPY OF THE VEHICLE SALE AGREEMENT BEARING NO.6960 DATED 7.5.2010 EXECUTED BETWEEN BIKE LINK MOTORS AND SRI.MUHAMMADALI. EXHIBIT P4 TRUE COPY OF THE VEHICLE SALE AGREEMENT BEARING NO.6977 DATED 10.5.2010 EXECUTED BETWEEN THIS PETITIONER AND THE BIKE LINK MOTORS. EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF THE HIRE PURCHASE PERSONNEL LEDGER ISSUED BY THE MASTER LINK LEASING AND FINANCE LTD TO MUHAMMADALI DATED 13.5.2010. EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGE OF THE HIRE PURCHASE PERSONNEL LEDGER OF THE MASTER LINK LEASING AND FINANCE LTD ISSUED TO THE PETITIONER DATED 12.5.2010. EXHIBIT P7 TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE DEPUTY COLLECTOR, THRISSUR DISTRICT DATED 26.8.2022. EXHIBIT P8 TRUE COPY OF THE PETITION IN I.A.NO.2/2023 IN OP(MV)NO.1516/2013 IIND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, (ADDL. DISTRICT COURT-III), EXHIBIT P9 TRUE COPY OF THE PETITION IN I.A.NO.1/2023 IN OP(MV)NO.1516/2013 IIND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, (ADDL. DISTRICT COURT-III),

EXHIBIT P10 TRUE COPY OF THE E.A.NO.119/2023 IN EXHIBIT P11 TRUE COPY OF THE E.A.NO.120/2023 IN EXHIBIT P12 TRUE COPY OF THE E.A.NO.121/2023 IN EXHIBIT P13 TRUE COPY OF THE APPLICATION SUBMITTED BY SRI.JIBIN MOHAN UNDER RIGHT TO INFORMATION ACT WITH RESPECT TO VEHICLE KL-46-C-570 BEFORE THE PUBLIC INFORMATION OFFICER OF THE JOINT DATED 18.4.2023. EXHIBIT P13 (a) TRUE COPY OF THE REPLY GIVEN BY THE PUBLIC INFORMATION OFFICER OF THE SUB DATED 19.5.2023. EXHIBIT P14 TRUE COPY OF THE APPLICATION SUBMITTED BY SRI.JIBIN MOHAN UNDER RIGHT TO INFORMATION ACT WITH RESPECT TO VEHICLE KL-46-8815 BEFORE THE PUBLIC INFORMATION OFFICER OF THE JOINT DATED 18.4.2023. EXHIBIT P14 (a) TRUE COPY OF THE REPLY GIVEN BY THE PUBLIC INFORMATION OFFICER OF THE SUB DATED 19.5.2023.

RESPONDENTS EXHIBITS: NIL.

Same Court & Year Kerala · 2023 Same Parties Vibin Mohan.K, vs Mohanan, Same Judge Honourable Mr.Justice Murali Purushothaman