Babu vs the District Collector

BABU vs The District Collector

Type Court Judgment Court Kerala Decided Mar 31, 2021

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https://sooperkanoon.com/case/1615292

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Citation: sooperkanoon.com/1615292
Court: Kerala High Court
Judge: Honourable Mr. Justice Sunil Thomas
Decided On: Mar 31, 2021
Case Number: WP(C)/5966/2021

Parties & Advocates

Appellant / Petitioner

BABU

Respondent

The District Collector

Excerpt

.....r1 and r2 sr.gp bimal k nath this writ petition (civil) having come up for admission on31.03.2021, the court on the same day delivered the following:r1judgmentthe petitioner is the holder of an award in op(mv)no.172 of 2013 of mact, muvattupuzha for a sum of rs.3,86,000-/ (rupees three lakhs eighty six thousand only) with interest. the grievance of the petitioner is that in spite of various steps taken, the fourth respondent has not deposited the amount. a requisition has been issued by the tribunal to the district collector under section 60(2) of the rr act on 30.10.2018. even now, the amount has not been recovered from the fourth respondent, is the grievance of the petitioner.2. after having heard the learned counsel for thepetitioner, the learned senior government pleader and the standing counsel for the ksrtc, i am inclined to dispose of the writ petition itself, by directing the third respondent to deposit the entire award amount with interest in ep.no.15 of 2016 before the mact, muvattupuzha covered under section 69(2) of the rr act, within a period of three months from the date of receipt of a copy of this judgment. writ petition is disposed of. sd/- sunil thomas, judge r.avappendix petitioner's/s exhibits: exhibit p1 true copy of the ward dated 17.10.2015 in op(mv) no.172 of 2013 in motor accident claims tribunal, muvattupuzha exhibit p2 true copy of the ep no.15 of 2016 before the motor accident claims tribunal, muvattupuzha exhibit p3 true copy of the requisition for recovery of an amount of rs.6,17,694/- issued by the addl.district and sessions court, muvattupuzha (mact) dated 30.10.2018respondent's/s exhibits nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 PETITIONER/S: BABU AGED 53 YEARS S/O. KUNJAPPAN.T.K., PUTHIYAVEETTIL HOUSE, VARIKOLI P.O., NOW RESIDING AT KOZHIPILLIL THAMPI'S HOUSE, NEAR MAMALA SNDP SCHOOL, KAKKADU KARA, THIRUVANIYOOR VILLAGE, ERNAKULAM,PIN-682 308 BY ADVS. SRI.S.RENJITH SRI.K.R.PRATHISH RESPONDENT/S:
1 THE DISTRICT COLLECTOR COLLECTORATE, 2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM,PIN-695 043 2 THE DISTRICT COLLECTOR ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM,PIN-682 030 3 KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., TRIVANDRUM, PIN-695 035, REP BY MANAGING DIRECTOR 4 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., TRIVANDRUM, PIN-695 035 R3-4 BY ADV. SRI.P.C.CHACKO(PARATHANAM) R1 AND R2 SR.GP BIMAL K NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:R1

JUDGMENT

The petitioner is the holder of an award in OP(MV)No.172 of 2013 of MACT, Muvattupuzha for a sum of Rs.3,86,000-/ (Rupees three lakhs eighty six thousand only) with interest. The grievance of the petitioner is that in spite of various steps taken, the fourth respondent has not deposited the amount. A requisition has been issued by the Tribunal to the District Collector under Section 60(2) of the RR Act on 30.10.2018. Even now, the amount has not been recovered from the fourth respondent, is the grievance of the petitioner.

2. After having heard the learned counsel for the

petitioner, the learned senior Government Pleader and the standing counsel for the KSRTC, I am inclined to dispose of the Writ Petition itself, by directing the third respondent to deposit the entire award amount with interest in EP.No.15 of 2016 before the MACT, Muvattupuzha covered under Section 69(2) of the RR Act, within a period of three months from the date of receipt of a copy of this judgment. Writ Petition is disposed of. Sd/- SUNIL THOMAS, JUDGE R.AV

APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE WARD DATED 17.10.2015 IN OP(MV) NO.172 OF 2013 IN MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA EXHIBIT P2 TRUE COPY OF THE EP NO.15 OF 2016 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA EXHIBIT P3 TRUE COPY OF THE REQUISITION FOR RECOVERY OF AN AMOUNT OF RS.6,17,694/- ISSUED BY THE ADDL.DISTRICT AND SESSIONS COURT, MUVATTUPUZHA (MACT) DATED 30.10.2018

RESPONDENT'S/S EXHIBITS NIL

Same Court & Year Kerala · 2021 Same Parties BABU vs The District Collector Same Judge Honourable Mr. Justice Sunil Thomas