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Benedict vs Village Officer

Benedict vs Village Officer

Type Court Judgment Court Kerala Decided Mar 05, 2020
~3 min read
https://sooperkanoon.com/case/1751392

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/5931/2020

Parties & Advocates

Appellant / Petitioner

Benedict

Respondent

Village Officer

Excerpt

.....the matter came up for admission on 28.2.2020, this courthad, while adjourning the matter, granted an interim stay against the recovery proceedings pending disposal of the writ petition. in view of the fact that the petitioner has approached the motor accidents claims tribunal, ottapalam, with an application for setting aside the ex-parte award and condoning the delay in preferring the same, i now deem it appropriate to dispose the writ petition by directing the motor accidents claims tribunal, ottapalam, to consider and pass orders on exts.p2 and p3 applications preferred by the petitioner within a period of one monthfrom the date of receipt of a copy of this judgment, after hearing the petitioner. the interim stay against the recovery granted by this court on 28.2.2020, shall continue to operate in favour of the petitioner till such time as orders are passed by the motor accidents claims tribunal, ottapalam, as directed and the orders communicated to the petitioner.the petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the motor accidents claims tribunal, ottapalam, for further action. sd/- a.k.jayasankaran nambiar judge sj appendix petitioner's/s exhibits: exhibit p1 the true copy of the demand notice issued by the 2nd respondent dated 26.2.2019. exhibit p2 the true copy of i.a.1/2020 dated 26.2.2020 exhibit p3 the true copy of i.a. 2/2020 dated 26.2.2020

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WP(C).No.5931 OF 2020(N) PETITIONER/S: BENEDICT AGED 25 YEARS S/O. BABU, ALAPPAT (H), KILLANNUR VILLAGE, THIROOR P. O., THRIROOR DESOM, THRISSUR DISTRICT - 680 581. BY ADVS. SRI.C.A.ANOOP SMT.R.KRISHNA RESPONDENT/S:

1 VILLAGE OFFICER KILLANNUR VILLAGE OFFICE, THRISSUR TALUK, THRISSUR DISTRICT - 680 581. 2 DEPUTY TAHSILDAR TALUK OFFICE, THRISSUR - 680 020. 3 ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, 'PRANAVAM', MELE PATTAMBI, PATTAMBI - 679 306. 4 TOMY P. G. AGED 52 YEARS S/O. P. K. GEORGE PALLAN HOUSE, VIYYUR P. O., PADUKKAD DESOM, SANDHYA GRAMAM VAZHI, THRISSUR - 680 009. SRI. K P HARISH; SRGP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

05.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Against an award passed by the Motor Accidents Claims Tribunal, Ottapalam, the petitioner has preferred Ext.P3 application to set aside the ex-parte award and Ext.P2 application for condoning the delay in preferring the said application before the Motor Accidents Claims Tribunal, Ottapalam. It is the case of the petitioner that even before the Motor Accidents Claims Tribunal, Ottapalam, has had an occasion to consider the said applications, revenue recovery proceedings have been initiated against him for recovery of the amounts confirmed against him by the award.

2. I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader appearing for the respondents.

3. When the matter came up for admission on 28.2.2020, this Court

had, while adjourning the matter, granted an interim stay against the recovery proceedings pending disposal of the writ petition. In view of the fact that the petitioner has approached the Motor Accidents Claims Tribunal, Ottapalam, with an application for setting aside the ex-parte award and condoning the delay in preferring the same, I now deem it appropriate to dispose the writ petition by directing the Motor Accidents Claims Tribunal, Ottapalam, to consider and pass orders on Exts.P2 and P3 applications preferred by the petitioner within a period of one month

from the date of receipt of a copy of this judgment, after hearing the petitioner. The interim stay against the recovery granted by this Court on 28.2.2020, shall continue to operate in favour of the petitioner till such time as orders are passed by the Motor Accidents Claims Tribunal, Ottapalam, as directed and the orders communicated to the petitioner.

The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the Motor Accidents Claims Tribunal, Ottapalam, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE SJ APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 26.2.2019. EXHIBIT P2 THE TRUE COPY OF I.A.1/2020 DATED 26.2.2020 EXHIBIT P3 THE TRUE COPY OF I.A. 2/2020 DATED 26.2.2020

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