2025:KER:26680 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. 12326 OF 2025 PETITIONER: ABDUL KADAR, AGED 63 YEARS, S/O. KUNJIMOIDEEN, RESIDING AT ACHANKANDIYIL HOUSE, PADANILAM, KUNNAMANGALAM, KOZHIKODE, PIN – 673571. BY ADVS. P.JERIL BABU SRINATH GIRISH N.V.MUHAMMED BASHEER RESPONDENTS: 1 THE DEPUTY TAHSILDAR, KOZHIKODE TALUK, CIVIL STATION P.O., KOZHIKODE, PIN – 673020. 2 THE UNITED INDIA INSURANCE COMPANY LTD., BO KUNNAMANGALAM, KOZHIKODE DISTRICT, CO-OPERATIVE BANK BUILDING KP 11/506L, MAIN ROAD, KUMMANGALAM, KOZHIKODE, REPRESENTED BY ITS MANAGER/AUTHORISED OFFICER, PIN – 673571. SRI. P.K.MANOJKUMAR, SC SRI. P.S.APPU, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12326 OF 2025 2 2025:KER:26680 JUDGMENT Revenue Recovery proceedings have been initiated against the petitioner to recover amounts due from the petitioner in terms of Ext.P1 award in OP(MV) No.814/2017 on the file of the II Additional Motor Accidents Claims Tribunal, Kozhikode. A reading of Ext.P1 award will indicate that the amount of compensation payable by the petitioner was to be paid by the Insurance Company and the amount was permitted to be recovered from the petitioner. 2. The learned counsel appearing for the petitioner submits that he is only seeking some instalments to clear the liability. 3. Heard the learned Government Pleader and the learned counsel appearing for the respondent Insurance Company also. Having heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the 2nd respondent Insurance Company, this writ petition will stand disposed of permitting the petitioner to pay off the amounts payable by him in terms of Ext.P1 award in 15 monthly instalments, the 1st of which shall be paid on or before 05.04.2025. The subsequent instalments together with any accrued interest, charges and costs upto the date of payment shall be paid on or before the 5th day of WP(C) NO. 12326 OF 2025 3 2025:KER:26680 succeeding months. If the petitioner pays the amounts as directed above directly to the Insurance Company, the petitioner shall not be mulcted with the liability to pay Revenue Recovery charges. In order to enable the petitioner to pay the amounts as directed above, the further proceedings under the Revenue Recovery Act shall be kept in abeyance. In the event of default of any one instalment, the Revenue Recovery proceedings initiated against the petitioner shall continue. The writ petition ordered accordingly. Sd/- GOPINATH P. JUDGE DK WP(C) NO. 12326 OF 2025 4 2025:KER:26680 APPENDIX OF WP(C) 12326/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF AWARD IN OP(MV). 814/2017 BEFORE THE II ADDL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE. Exhibit P2 A TRUE COPY OF THE NOTICE BEARING REQUISITION NUMBER RRC NO.2020/3017/11 DATED 12-03-2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE NOTICE BEARING REQUISITION NUMBER RRC NO.2022/1458/11 DATED 30-06-2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 30-01-2025 TO THE 1ST RESPONDENT