The petitioner is challenging Ext.P1 Revenue Recovery notice issued by the Revenue authorities demanding a sum of `58,344/- due as on 22.01.2014 + such other amounts towards collection charges/interest/notice fee. The petitioner was the owner of an Autorickshaw bearing No. KL-07-BE 2044, which got involved in a road traffic accident on 24.09.2010, leading to O.P (M.V) No.1667/2010 preferred by the claimant before the MACT, Ernakulam. An Award came to be passed by the MACT, Ernakulam granting compensation of `44,734/- with interest 8% per annum from 09.11.2010. Since the liability was not cleared, the respondents proceeded with R.R. steps. In the said circumstances, the petitioner has approached this Court by filing this writ petition.
2. When the matter came up for consideration before this Court on 02.12.2014, the coercive proceedings were intercepted subject to satisfaction of a sum of `10,000/- within 'two weeks', which is stated as complied with. Such an order was passed, also WP(c). No.32234 of 2014 2 taking note of the submission made by the learned counsel for the petitioner that the petitioner was ready to satisfy the entire liability, for which some breathing time was sought for. Despite completion of service of notice, the claimant ie, the 3rd respondent has not chosen to appear before this Court. In so far as there is no dispute with regard to the quantum of liability and the Award passed by the Tribunal is not under challenge, this Court finds it fit and proper to permit the petitioner to liquidate the entire liability by way of reasonable instalments.
3. Accordingly, the petitioner is set at liability to satisfy the balance amount by way of 'six 'equal monthly instalments, the first of which shall be effected on or before the 15th of January 2015, followed by similar instalments to be effected on or before the 15th of the succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance, for the time being. It is made clear that, if any single default is committed with regard to the satisfaction of the 'liability' as above, it will be open for the respondents to proceed with further steps for realization of the entire amount in lump, by pursuing such steps from the stage where it stands now.
WP(c). No.32234 of 2014 3 The writ petition is disposed of.
The petitioner shall produce a copy this judgment along with a copy this writ petition before the concerned respondent for further steps.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE.
Pn