Extracted from the PDF above. The PDF is authoritative.
2025:KER:26585 WP(C) NO. 5936 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 5936 OF 2025 PETITIONER/S:
FIROSE, AGED 49 YEARS S/O ABDU, CHULLIPPARAMBIL HOUSE, MATHILAKAM, KODUNGALLUR,THRISSUR DIST, PIN - 680685 BY ADVS.
M.SHAJU PURUSHOTHAMAN K.S.RAJESH RESPONDENT/S: 1 STATE OF KERALA,REP.BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE,THRISSUR, PIN - 680003 3 THE DEPUTY THAHSILDAR, MINI CIVIL STATION, TALUK OFFICE, KODUNGALLUR, PIN - 680664 4 THE NATIONAL INSURANCE COMPANY LIMITED, AMBIKA ARCADE, MG ROAD, NAIKKANAL, THRISSUR, REPRESENTED BY ITS MANAGER, PIN - 680001 SRI. P.S.APPU, GP SRI. GEORGE A.CHERIAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:26585 WP(C) NO. 5936 OF 2025 2
JUDGMENT
The petitioner suffered an Award of the Motor Accident Claims Tribunal, Irinjalakuda in OP(MV) No.1496 of 2014. Under the terms of that Award, the insurance company was permittted to pay the amounts due to the claimants and recover the same from the petitioner. The Award has become final. The petitioner had earlier approached this Court by filing W.P. (C) No.23793 of 2019, which was disposed of by Exhibit P2
judgment, permitting the petitioner to pay off the entire liability in twelve monthly instalments, commencing from 06.11.2019. The petitioner could not comply with the terms of the directions contained Exhibit P2 judgment in full, though he claims to have paid certain amounts. The petitioner is now before this Court seeking a direction to the 1st respondent to consider Exhibit P4 representation made by the petitioner before the Government.
2. A reading of Exhibit P4 representation indicates that the petitioner is essentially seeking a modification of the conditions imposed by this Court in Exhibit P2 judgment. Therefore, it is not possible for this Court to issue any direction to consider Exhibit P4 representation. However, it is open to the petitioner to seek review of Exhibit P4 judgment, if so
2025:KER:26585 WP(C) NO. 5936 OF 2025 3 advised. Reserving the liberty of the petitioner to do so, this writ petition will stand dismissed. Sd/- GOPINATH P. JUDGE ajt
2025:KER:26585 WP(C) NO. 5936 OF 2025 4 APPENDIX OF WP(C) 5936/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT DT.9.7.2019 Exhibit P2 THE TRUE COPY OF THE JUDGMENT IN W.P.C.23793/2019 DT.10.10.2019 Exhibit P3 THE TRUE COPY OF THE TRANSACTION DETAILS ISSUED FROM THE SOUTH INDIAN BANK DT.12.11.2024 Exhibit P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT DT.15.1.2025