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P.K. RAJAN, AGED 36 YEARS, S/O. KELAPPAN versus MUHAMMED, AGED 31 YEARS, S/O. MOIDEEN

High Court of Kerala

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P.K. RAJAN, AGED 36 YEARS, S/O. KELAPPAN v. MUHAMMED, AGED 31 YEARS, S/O. MOIDEEN - WP(C) No. 8689 of 2004(H) [2007] RD-KL 12736 (11 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8689 of 2004(H)

1. P.K. RAJAN, AGED 36 YEARS, S/O. KELAPPAN
... Petitioner

Vs

1. MUHAMMED, AGED 31 YEARS, S/O. MOIDEEN,
... Respondent

2. NELLIKKAL MEETHAL RAJEEVAN

3. NATIONAL INSURANCE COMPNAY LTD.,

4. THE DEPUTY TAHSILDAR, REVENUE RECOVERY

For Petitioner :SRI.GHOSH YOHANNAN

For Respondent :SRI.MOHANAN V.T.K.

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :11/07/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN,J


=======================
W.P.(C).No.8689 of 2004
=========================

Dated this the 11th day of July, 2007



JUDGMENT

Petitioner is the owner of a vehicle that was involved in a motor accident. An award was passed by the Tribunal directing the insurer to pay the amount and permitting it to recover that amount from the owner and driver. I find no illegality in that award. Revenue recovery proceedings have been initiated for recovery of such amount.

2. The learned counsel for the petitioner submits that having regard to the financial condition of the petitioner, he may be permitted to pay the amount in installments. Under the aforesaid circumstances, this writ petition is disposed of directing that the revenue recovery proceedings will stand stayed for a further period of three months from today to enable the petitioner to pay the entire outstanding amount in three equal monthly instalments payable on or before 15th of W.P.(C).No.8689/2004 every month commencing from August, 2007. If there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically. The office will communicate a copy of this judgment to the fourth respondent.

THOTTATHIL B.RADHAKRISHNAN, JUDGE

dvs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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