Aboobacker, vs Deputy Tahsildar, Thalappilly Taluk Office,

Type Court Judgment Court Kerala Decided Oct 06, 2022

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Citation: sooperkanoon.com/1547713
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Oct 06, 2022
Case Number: WP(C)/31549/2022

Parties & Advocates

Appellant / Petitioner

Aboobacker,

Respondent

Deputy Tahsildar, Thalappilly Taluk Office,

Excerpt

.....property of the petitioner. hence, the petitioner seeks 18 installments to clear the entire amount due.3. heard the learned counsel for the petitioner, the learned standing counsel appearing for the 2 nd respondent. the learned government pleader takes notice for 1 st respondent.4. after hearing both sides, i think the prayer in this writ petition itself can be allowed. petitioner is allowed to pay the entire amount due in installments.5. therefore, this writ petition is disposed of with the following directions;1. the petitioner is allowed to pay the entire amount due as per exts. p1 to p3 in 18 equal monthly installments starting from 15.11.2022.2. if there is any default of two consecutiveinstallments, the respondents are free to proceed in accordance to law. sd/- p.v.kunhikrishnan judge lu appendix of wp(c) 31549/2022 petitioner exhibits : exhibit p1 true copy of the award, dated 13.07.2018 in op(mv) 234/2017 on the files of principal mact, kozhikode. exhibit p2 true copy of the demand notice in form 1, dated 22.01.2021 issued by the 1st respondent to the petitioner. exhibit p3 true copy of the demand notice in form10, dated 22.01.2021 issued by the 1st respondent under the kerala revenue recovery act to the 1"petitioner. // true copy // pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 PETITIONER/S: ABOOBACKER, AGED 47 YEARS S/O MUHAMMED PULIKKAL HOUSE, CHERUTHURUTHI, PAANJAL- 680683. BY ADVS. MUHAMMED ALJUQ A. NIDHEESH T.P VIJAY SANKAR V.H. RESPONDENT/S: 1 DEPUTY TAHSILDAR, THALAPPILLY TALUK OFFICE, THRISSUR-680623. 2 NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY BRANCH MANAGER MEPOYIL SHOPPING CENTRE, SIRAJ BYPASS JUNCTION, PO KODUVALLY, KOZHIKODE-673572. OTHER PRESENT: SC LAL K. JOSEPH., GP JIMMY GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
=================== =================== Dated this the 6th day of October 2022

JUDGMENT

The above writ petition is filed with the following prayers; “ i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to permit the petitioner to pay the dues as per Exts. P2 and P3 Demand Notices in a phased manner in the interest of justice.

ii) Issue any such other appropriate writ, order

or direction as this Hon’ble Court deems fit and proper considering the circumstances of the case in the interest of justice.” (SIC)

2. The petitioner suffered Ext.P1 award from the

Motor Accidents Claims Tribunal, Kozhikode. As per Ext.P1 the 2nd respondent is directed to pay the compensation amount and there is an order allowing recovery of the same from the petitioner. The petitioner admit the entire liability. The petitioner submits that the amount due is Rs. 5,23,694/-. The petitioner submits that, two of his children are physically disabled. The petitioner also submits that he is a coolie worker and residing along with his mother and family. The petitioner is facing stringent financial crisis. The recovery is now initiated against the residential property of the petitioner. Hence, the petitioner seeks 18 installments to clear the entire amount due.

3. Heard the learned Counsel for the petitioner, the learned Standing Counsel appearing for the 2 nd respondent. The learned Government Pleader takes notice for 1 st respondent.

4. After hearing both sides, I think the prayer in this writ petition itself can be allowed. Petitioner is allowed to pay the entire amount due in installments.

5. Therefore, this writ petition is disposed of with the following directions;

1. The petitioner is allowed to pay the entire amount due as per Exts. P1 to P3 in 18 equal monthly installments starting from 15.11.2022.

2. If there is any default of two consecutive

installments, the respondents are free to proceed in accordance to law. Sd/- P.V.KUNHIKRISHNAN JUDGE LU APPENDIX OF WP(C) 31549/2022 PETITIONER EXHIBITS : EXHIBIT P1 TRUE COPY OF THE AWARD, DATED 13.07.2018 IN OP(MV) 234/2017 ON THE FILES OF PRINCIPAL MACT, KOZHIKODE. EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE IN FORM 1, DATED 22.01.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE IN FORM

10, DATED 22.01.2021 ISSUED BY THE 1ST RESPONDENT UNDER THE KERALA REVENUE RECOVERY ACT TO THE 1"PETITIONER. // True Copy // PA To Judge

Same Court & Year Kerala · 2022 Same Parties Aboobacker, vs Deputy Tahsildar, Thalappilly Taluk Office, Same Judge Honourable Mr. Justice P.V.Kunhikrishnan